Relating to the prosecution of the offense of breach of computer security.
Impact
The passage of SB249 is poised to significantly impact the landscape of cybercrime legislation in Texas. By clearly defining terms and conditions under which breaches occur, the bill will facilitate smoother prosecution processes for offenses related to unauthorized access. The adjustments made by SB249 allow law enforcement and prosecutorial bodies to have more defined criteria to operate with, potentially leading to heightened accountability among individuals engaging in unauthorized computer access. The effective date for the implementation of these changes is set for September 1, 2013, meaning any breach occurring after this date will be subject to the amended provisions.
Summary
SB249 aims to enhance the prosecution of offenses related to breaches of computer security in Texas. The bill specifically amends Section 33.02 of the Penal Code, defining the offense of breach of computer security and delineating the conditions under which an individual commits such an offense. It establishes that a person commits an offense if they intentionally access a computer system or network without effective consent or in violation of clearly stated prohibitions. This legal framework seeks to bolster the enforcement of computer security laws and protect the property rights of computer owners.
Conclusion
In summary, SB249 represents a critical step towards modernizing Texas's approach to cybercrime and addressing the growing concerns around computer security. As technology continues to evolve, the legislative framework must adapt to safeguard both individual rights and property. The successful enactment of SB249 could lead to more robust protections against unauthorized computer access while also inviting necessary scrutiny and debate on the aspects of consent and ownership in the digital age.
Contention
One notable point of contention surrounding SB249 is the balance it seeks to strike between enhancing security and ensuring individuals' rights are not infringed upon. Critics may argue that the definitions provided in the bill could potentially lead to overreach or misapplication against individuals innocently navigating technology. Additionally, discussions around the clarity of ownership and consent within digital spaces may arise, prompting further debate on whether the bill sufficiently addresses these concerns.
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 the establishment of a terrorist offender registry and to the supervision of those terrorist offenders; creating criminal offenses related to terrorism.
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.