Texas 2009 - 81st Regular

Texas House Bill HB3373

Filed
 
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the use of a computer for an unauthorized purpose.

Impact

If enacted, HB3373 will significantly update the Texas Business & Commerce Code. It aims to empower affected parties, including Internet service providers and business organizations, to take civil action against individuals or entities that violate these provisions. The bill authorizes them to seek injunctive relief and significant damages, offering up to $100,000 per violation. Furthermore, courts may triple damages for repeated violations, emphasizing the severity and repetitive nature of cybercrimes.

Summary

House Bill 3373 aims to enhance cybersecurity regulations in the state by introducing strict provisions against the unauthorized use of computers, specifically targeting the creation and control of 'zombies' and 'botnets'. The bill defines a 'botnet' as a collection of compromised computers, referred to as 'zombies', which are used without the owner's knowledge or consent. It clearly delineates unlawful acts, such as creating or using these compromised systems for malicious purposes, including sending unsolicited commercial emails, disrupting services, and manipulating online systems.

Contention

The bill's scope may raise concerns among advocates for digital freedoms, as it enhances the legal penalties for activities associated with cybercrime, potentially leading to broader interpretations of unauthorized usage. Critics may argue that while the intention to bolster cybersecurity is commendable, the bill's language could result in overreach, punishing minor infractions or inadvertently impacting legitimate users and service providers. The balance between robust cybersecurity measures and protecting individual rights will likely be a central debate during the legislative process.

Companion Bills

TX SB28

Identical Relating to the use of a computer for an unauthorized purpose; providing a civil penalty.

Similar Bills

No similar bills found.