HB-5257, As Passed House, January 25, 2018

SUBSTITUTE FOR

HOUSE BILL NO. 5257

     A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

(MCL 750.1 to 750.568) by adding section 409b.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 409b. (1) A person shall not knowingly possess ransomware

with the intent to use or employ that ransomware for the purpose of

introduction into the computer, computer data, computer system, or

computer network of another person, without authorization of the

other person. A person who violates this section is guilty of a

felony punishable by imprisonment for not more than 3 years.

     (2) As used in this section, "ransomware" means a computer or

data contaminant, encryption, or lock that has the ability to be

placed or introduced without authorization into a computer,

computer system, or computer network and that restricts access by

an authorized person to a computer, computer data, computer system,

or computer network in a manner that enables the person responsible

for the placement or introduction of the ransomware to demand

payment of money or other consideration to remove the computer

contaminant, restore access to the computer, computer system,

computer network, or data, or otherwise remediate the impact of the

computer contaminant or lock. Ransomware does not include

authentication required to upgrade or access purchased content.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.