# RI.gov: Rhode Island Government


Press Releases

 

House Judiciary Committee to Hear Several Attorney General Internet Safety Bills This Week

The House Committee on Judiciary is scheduled today and tomorrow to hear testimony on three pieces of legislation filed at the request of Attorney General Peter F. Kilmartin that would provide much-needed updates to the state's Internet safety laws in response to the explosive growth of new technology surrounding the Internet.

"Unauthorized Access"

On Tuesday, the House Committee on Judiciary is scheduled to hear testimony on H7406, sponsored by Representative Robert E. Craven, Sr. (D., District 32 – North Kingstown), which would prohibit individuals, without authorization or in excess of one's authorization, from intentionally accessing another's computer with the intent to view confidential information contained within. The legislation applies to computers, computer programs, computer systems, and computer networks.

Those in violation, upon conviction, would be guilty of a felony and subject to imprisonment for up to five years, a fine of not more than $5,000, or both.

"The unauthorized access of confidential information is akin to breaking and entering into real property," said Attorney General Peter F. Kilmartin. "This legislation fixes a loophole in our current law, and ensures we have the same criminal protections we have for offline intrusions are there for online intrusions as we delve further into the digital age."

"During these modern times, our daily lives significantly rely upon our digital information. From financial information to personal habits, this data is of the utmost personal nature and can be exploited by nefarious individuals," said Rep. Robert E. Craven (D-Dist. 32, North Kingstown). "As our banks protect our money and safety deposit boxes, we must also protect our digital information. This legislation puts penalties into place that will protect our digital privacy and identities."

"Revenge Porn" On Wednesday, the House Committee on Judiciary is scheduled to hear Attorney General Kilmartin's "revenge porn" legislation, sponsored by Representative Craven and Senator Erin Lynch Prata (D-Dist. 31, Warwick, Cranston). ). The legislation (H5770/S0630) would prohibit the posting of "revenge porn" without consent of the individual depicted in the images.

Revenge porn is sexually explicit media that is publicly shared online without the consent of the pictured individual. Revenge porn is uploaded by former lovers or hackers for the purpose of humiliation and exploitation. The images or videos are often accompanied by personal information, including the pictured individual's full name and links to social media profiles.

Attorney General Kilmartin has filed similar legislation for the past five years as one part of his Internet Safety legislation package. At least 26 states, including California, Illinois, Maine, New Jersey and Vermont have already enacted legislation addressing this issue. In addition, many other State Legislatures are considering similar legislation, including Connecticut, Massachusetts, and New York.

"Unfortunately, this activity is occurring with alarming frequency and there is no relief for a victim whose privacy has been devastatingly invaded," said Attorney General Kilmartin. "Posting of intimate images and videos for the sole purpose to embarrass someone is a vile act and should have significant legal consequences for those who engage in this type of egregious behavior."

"Revenge porn is nothing less than digital domestic assault and it has no place in our society to be tolerated," said Representative Craven. "Posting such material comes with a lifelong impact to the victim because nothing ever truly disappears once it goes online. Severe repercussions need to be in place for these digital abusers and this legislation establishes these long overdue punishments."

"When it comes to revenge porn, a single picture or video can haunt a victim for the rest of their lives, all due to the mistake of trusting the wrong person," said Sen. Erin Lynch Prata (D-Dist. 31, Warwick, Cranston). "Consequences must be established to combat these malicious virtual assaults and I commend Attorney General Kilmartin for fighting against this disgusting modern phenomenon and holding these cyber criminals accountable for their cowardly actions."

This legislation prohibits a person from electronically disseminating visual images of another engaged in sexually explicit conduct or the intimate parts of another, without that person's consent and where the person had a reasonable expectation of privacy. A first offense is a misdemeanor and, upon conviction, subject to imprisonment of up to one year, a fine of $1,000, or both. Second and subsequent offenses are a felony and, upon conviction, subject to not more than three years imprisonment, a fine of not more than $3,000, or both.

Constitutionally protected activity is not subject to the provisions of the legislation. Further, the legislation would not apply to the unauthorized dissemination of indecent material: 1) when it is made for the purposes of a criminal investigation that is otherwise lawful, 2) when it is for the purpose of, or in connection with, the reporting of unlawful conduct, 3) when the images involve voluntary exposure in a public or commercial setting, or 4) when the dissemination serves a lawful purpose.

"ISP Subpoena Expansion"

Also on Wednesday, the House Committee on Judiciary is scheduled to hear H7542, filed at the request of Attorney General Kilmartin and sponsored by Representative Mia A. Ackerman (D., District 45 – Cumberland, Lincoln).

To provide law enforcement with access to information necessary to build a successful investigation and prosecution in cases of online impersonation and electronically disseminating indecent material to minors, the legislation would require internet service providers (ISP) to disclose subscriber account information consisting of name, IP addresses and telephone numbers associated with the account upon proper service, and with certification under oath by the Attorney General or State Police that the information is necessary for an officially documented criminal investigation or prosecution of criminal complaint based on probable cause.

Without the ability to use an ISP administrative subpoena, a search warrant must be executed, which is cumbersome, inefficient, and places an excessive burden on law enforcement's limited resources. It is important to note that ISP administrative subpoenas would not give law enforcement the legal authority to obtain email content. Currently, in Rhode Island and federally, a search warrant is necessary to seize email content. The administrative subpoena would only be available for law enforcement to receive non-content basic subscriber information that identifies the subscriber's name, address, and telephone number.

"The General Assembly has done admirable work in enacting criminal statutes to protect those most vulnerable online. While we now have the statutes to prosecute these perpetrators, law enforcement also needs the tools to properly investigate these crimes. Enactment of this legislation will provide law enforcement a critical tool in the protection of Rhode Islanders, especially our children," said Attorney General Peter F. Kilmartin.

Related links

Share this: