3 brand-new state laws target cybercriminals

QUESTION: Whatever happened to efforts to enact stricter cybercrime laws this past legislative session?

ANSWER: Three bills dealing with cybercrimes were passed by the Legislature in the spring and signed into law by Gov. Neil Abercrombie.

One of the bills deals with cybercrimes and computer fraud in general, another with cyberbullying, and the third with "sexting," the transmission of sexually explicit material through a computer, cellphone or other electronic device.

Act 293 increases penalties on people found guilty of computer fraud and unauthorized computer access, making those penalties similar to those imposed for identity fraud. Honolulu Prosecutor Keith Kaneshiro and other county prosecutors supported the bill.

Under the new law, first-degree computer fraud is a Class A felony and occurs when a person knowingly uses a computer with the intent to commit first-degree theft.

The law also elevated second-degree computer fraud to a Class B felony and created the offense of third-degree computer fraud, the use of a computer with the intent to commit third- or fourth-degree theft; it is a Class C felony,

"Act 293 recognizes that cyber-crimes are serious and widespread," Kaneshiro said in a statement.

During the session, Kaneshiro’s office testified in favor of the bill, saying the old law was too narrow to address most activities that are thought of as computer fraud in the Digital Age.

The office also argued that stiffer penalties would serve as a deterrent.

Another new law, Act 192, seeks to deter cyberbullying by making it illegal to use a computer in the commission of a crime, including to steal from or "pursue, surveil, contact, annoy or alarm" someone to commit harassment or stalking against that person.

Kaneshiro said the new law addresses cyberbullying, a priority of his for the past two legislative sessions.

A third new law, Act 213, makes it illegal for adults and minors to distribute or transmit nude photos or videos of a minor. That would include a minor sending a picture of himself or herself.

"While I fully agree with the need to address ‘sexting,’ I have some reservations about bringing criminal charges against minors," Kaneshiro said.

The law also now says an adult cannot intentionally or knowingly command, request or encourage a minor to use a computer, cellphone or other electronic device to transmit nude photos or video.

A fourth new law, Act 325, does not addressing cybercrimes specifically but authorizes law enforcement officials to retrieve computer records held in another state for use as evidence in court.

"We are pleased that the Legislature recognized the need for law enforcement to stay ahead of the game," Kaneshiro said.

This update was written by Gordon Y.K. Pang. Suggest a topic for "Whatever Happened To…" by writing Honolulu Star-Advertiser, 500 Ala Moana Blvd., Suite 7-210, Honolulu 96813; call 529-4747; or email cityeditors@staradvertiser.com.