Texas 2017 - 85th Regular

Texas Senate Bill SB1477

Caption

Relating to ransomware; creating a criminal offense.

Impact

The introduction of SB1477 would significantly impact Texas laws concerning computer crimes, specifically by addressing the modern challenges posed by ransomware. By codifying specific penalties for different levels of ransomware offenses, the legislation aims to deter cybercriminals and protect businesses and individuals from the financial and emotional distress caused by such attacks. This law would enhance legal recourse for victims whose access to proprietary and privileged information is compromised, creating a more secure digital environment within the state.

Summary

SB1477, an act relating to ransomware, aims to create a specific criminal offense for individuals who introduce ransomware onto a computer, computer network, or system without the consent of the owner. The legislation recognizes ransomware as malicious software that restricts access to data unless a financial payment or other consideration is made. This bill introduces a tiered system of penalties based on the value of the demanded ransom, categorizing offenses from Class C misdemeanors to first-degree felonies depending on the severity of the crime and any related harm.

Sentiment

The sentiment surrounding SB1477 appears generally supportive, especially among retail and healthcare sectors that frequently deal with sensitive information. Advocates argue that the bill is a necessary response to an increasing wave of cyberattacks targeting vulnerable organizations. However, there are concerns among privacy advocates regarding the implications of defining ransomware and the potential for overreach in the enforcement of these laws. Critics emphasize the need for a balanced approach that emphasizes prevention while ensuring that accidental breaches do not lead to undue penalties.

Contention

Notable points of contention include the classification of different offense degrees and the thresholds set for penalties based on ransom demands. Some legislators worry that the financial thresholds may unintentionally trivialize the repercussions of ransomware attacks, leading to potential underreporting or non-compliance from victims who fear legal retaliation. Additionally, the law's effectiveness will depend significantly on enforcement mechanisms and the training of law enforcement personnel in recognizing and prosecuting such cyber crimes.

Companion Bills

No companion bills found.

Previously Filed As

TX HB1402

Relating to the criminal penalties for certain criminal offenses.

TX SB465

Relating to certain criminal conduct involving a catalytic converter; creating a criminal offense; increasing criminal penalties.

TX SB224

Relating to catalytic converters, including criminal conduct involving catalytic converters; providing an administrative penalty; creating a criminal offense; increasing a criminal penalty; increasing a fee.

TX HB4598

Relating to catalytic converters, including criminal conduct involving catalytic converters; providing an administrative penalty; creating a criminal offense; increasing a criminal penalty; increasing a fee.

TX HB1833

Relating to increasing the criminal penalty for the offense of criminal mischief involving a public power supply.

TX HB4779

Relating to the prosecution of the criminal offense of organized retail theft.

TX SB973

Relating to increasing criminal penalties for the offense of criminal mischief involving certain damage to residential gas meters.

TX SB467

Relating to increasing the criminal penalty for the offense of criminal mischief involving impairment of a motor fuel pump.

TX HB650

Relating to increasing the criminal penalty for the offense of criminal mischief involving the damage or destruction of a public monument or a place of worship.

TX SB1518

Relating to the establishment of a terrorist offender registry and to the supervision of those terrorist offenders; creating criminal offenses related to terrorism.

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