Relating to the use of a computer for an unauthorized purpose; providing a civil penalty.
The implications of SB28 on state laws include the establishment of clear legal definitions around compromised computers and the introduction of civil liability for violations related to unauthorized computer access. This bill directly affects the existing statutes within the Business and Commerce Code by refining the definitions used in previous laws and providing a legal framework for individuals and businesses to pursue damages for violations. It thus enhances protections against cybercrimes that exploit compromised systems.
Senate Bill 28 (SB28) aims to strengthen Texas law regarding the unauthorized use of computers and networks, particularly in relation to 'zombies' and 'botnets'. A 'zombie' is defined as a computer that has been compromised without the owner's consent, while a 'botnet' is a network of such computers. The bill introduces civil penalties for individuals or entities that knowingly create, use, or provide access to these compromised systems for various illicit purposes, including sending unsolicited emails or disruptively accessing networks without authorization.
During discussions surrounding SB28, concerns were raised regarding the bill's enforcement and the practicalities of monitoring such violations in an ever-evolving digital landscape. Supporters argue that the bill is a necessary step toward modernizing Texas’ legal framework to effectively address the rising instances of cybercrime using botnets and zombies. However, opponents expressed worries about the potential for overreach in enforcement and the impact on legitimate online activities. They called for careful consideration to ensure that the law does not inadvertently criminalize innocent behaviors related to computer use.
The bill provides specific civil remedies for aggrieved parties, allowing individuals, particularly Internet Service Providers (ISPs), to sue for damages incurred as a result of violations. This includes seeking injunctive relief and recovering damages, which could amount to significant financial penalties for offenders. The increased financial stakes could serve as a deterrent against the unauthorized use of private and public computer networks, thus contributing to overall enhanced cybersecurity in Texas.