Relating to the prosecution of and punishment for the offense of breach of computer security.
Impact
With the amendments introduced by HB 2397, the bill classifies offenses under various degrees based on the severity and intent of the violation. The law introduces new classifications for breaches involving government-owned or critical infrastructure computing systems, thus raising the stakes for offenders who target these sensitive areas. This means that punishments will be more severe for individuals with prior convictions or for offenses involving significant financial amounts, ensuring that recurrent offenders face stricter consequences.
Summary
House Bill 2397 addresses the prosecution and punishment related to the offense of breach of computer security. The bill seeks to amend the Penal Code by providing a more comprehensive definition of what constitutes 'critical infrastructure facilities' and outlines specific penalties for unauthorized access to such systems. The intent behind the bill is to enhance the security protocols surrounding critical infrastructure, thereby instilling a legal framework that better reflects the current digital landscape and its vulnerabilities.
Contention
While the bill has been put forth with intentions to bolster cybersecurity, it may also raise concerns among civil liberties advocates. Critics argue that the expanded definitions and penalties could potentially be misused to target ethical hackers or others who may unintentionally breach security for legitimate purposes. Specifically, the language around intent and the implications of accessing systems without consent may open up avenues for prosecution that could deter beneficial cybersecurity practices and research.
Implementation
The changes enacted by HB 2397 will only apply to offenses committed after the law's effective date of September 1, 2011. This transition clause emphasizes the need for a clear understanding of the responsibilities and potential liabilities introduced by the new definitions in the law. By clearly defining 'identifying information' and detailing the circumstances under which individuals may be prosecuted, the bill aims to establish a more nuanced and enforceable approach to the evolving threats in our increasingly digital world.
Relating to homeland security, including the creation of the Texas Homeland Security Division in the Department of Public Safety, the operations of the Homeland Security Council, the creation of a homeland security fusion center, and the duties of state agencies and local governments in preparing for, reporting, and responding to cybersecurity breaches; providing administrative penalties; creating criminal offenses.
Relating to creating a criminal offense for damaging certain critical infrastructure facilities and providing for the prosecution of that conduct as manslaughter in certain circumstances; increasing a criminal penalty.
Relating to the prosecution and punishment of certain criminal offenses involving the smuggling of persons or the operation of a stash house; increasing criminal penalties.
Relating to human trafficking, including the prosecution and punishment of compelling and solicitation of prostitution and other sexual or assaultive offenses; increasing a criminal penalty; creating a criminal offense.
Relating to human trafficking, including the prosecution and punishment of compelling and solicitation of prostitution and other sexual or assaultive offenses; increasing a criminal penalty; creating a criminal offense.