29 Feb 2012
From the Office of State Senator Cam Ward
MONTGOMERY, AL, (February 29, 2012)- State Senator Cam Ward and Representative Paul DeMarco announced that they will introduce legislation today to overhaul the criminal code in Alabama as it pertains to criminal activity committed online and through the internet. The bill, known as the Alabama Digital Crime Act, was the result of work carried out by the Alabama District Attorneys Association and other law enforcement agencies throughout the state.
Senate Bill 356 will update several key areas of the existing Alabama Computer Crime Act, which most legal experts agree is woefully outdated. The legislation will:
•Increase the penalty for computer tampering depending on the monetary value of the crime committed.
•Create a new criminal penalty for using devices known as “skimming devices” which are used to steal information from credit cards and can re-encode that information to credit cards used by criminals.
•Make it against the law to “phish,” which is using the internet to deceive, induce or fraudulently cause a person to provide confidential, identifying information which is later used for fraudulent purposes.
•Expand the traditional “harassment” law to include threats made via the internet and crackdown on cyber-stalking which can include violation of a restraining order via an electronic communication.
•Allow for the enforcement by subpoena and search warrant to obtain stored electronic communications from our of state service providers such as popular social media sites where cyber-harassment can occur.
•Allows for a procedure to seize computer equipment that has been used to carry out a criminal offense under this act. Currently under Alabama law there is no provision to allow for the seizure of a computer used to commit a crime, so valuable evidence that can be used in a criminal case is lost.
“I believe that modern day technology has caused a proliferation in online crimes via the internet. It is time for us to start using 21st Century tools to fight 21st Century crimes,” said Senator Cam Ward.
Ward went on to say, “whether these criminals use a gun or a computer as their tool, their theft and destruction leaves a great financial and psychological impact on our society.”
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