HB-5257, As Passed Senate, March 21, 2018

 

 

 

 

 

 

 

 

 

 

SENATE 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 is 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 results in the person responsible for the placement or

 

introduction of the ransomware demanding payment of money or other

 

consideration to remove the computer contaminant, or restore access

 

to the computer, computer system, computer network, or data.

 

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.