Connect with us

News

House Digital Crimes Bill Passes, Heads to Senate

Susan Britt

Published

on

By Susan Britt
Alabama Political Reporter

MONTGOMERY–The Alabama Digital Crimes Act passed on the House Floor on Thursday and now goes on to the Senate to be assigned to a committee.

House Bill 400 sponsored by Representative Paul DeMarco, (R-Homewood) is the companion to Senate Bill 356 carried in by Senator Cam Ward, (R-Alabaster). The Legislation is set to overhaul the criminal code in Alabama as it pertains to criminal activity committed online and through the internet.

“I am glad to see this legislation move out of the House and on to the Senate so hopefully we can get this to the Governor and finally update a law that has needed it for a long time. We have got to make sure the law stays up to date with the technology and that is what this bill does,” said DeMarco.

Alabama’s most recent computer crime bill was enacted in 1985 almost ten years before the internet was even commercially available.

In today’s cyber world computer crime encompasses a broad range of activities. Broadly, computer crimes are divided into two categories: crimes that target computers directly and crimes facilitated by computer networks or devices.

Crimes that primarily target computer networks or devices include:

Advertisement

Computer viruses–computer programs that can replicate themselves and spread from one computer to another. They can increase their chances of infecting other computers by infecting files on a network or network file system that is accessed my multiple individuals.

Denial-of-service attacks–(DoS attack) or distributed denial-of-service attack (DDoS attack) attempts to make a network resources unavailable to a computer. They are meant to prevent an internet site or service from functioning properly.

Malware (malicious code)–short for malicious ware, disrupts computer operation while gathering sensitive information or gaining unauthorized access to a computer. It is designed code or software whose purpose is to exploit computer or the date it contains without the consent of the owner.
Crimes that use computer networks or devices to advance other ends include:

Advertisement
Advertisement

Cyberstalking–using the internet or other electronic devices to stalk or harass individuals, groups or organizations. It includes: False accusations, monitoring, making threats, identity theft, damage to data or equipment, the solicitation of minors for sex, or gathering information in order to harass.

Fraud and identity theft–hackers design applications to invade a computer user’s private information such as credit card information, important documents and other important information for the purpose of using that information to impersonate them when transacting business. It often leaves the victim with devastating consequences.

Information warfare–closely linked to psychological warfare, it is the practice of using information technology to gain a competitive advantage over an opponent involving spreading of propaganda or disinformation to demoralize or manipulate.
Phishing scams–attempts to acquire information such as usernames and passwords and/or credit card information while impersonating a legitimate website. Typically, email and instant messaging are used to lure users to what looks like a site that would visit normally while taking them to a fake site that asks the user to enter in the information.
The Alabama Digital Crimes Act seeks to address all these areas in a comprehensive way.

Some of the areas covered by the bill are as follows:

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.

Advertisement

News

Shelby, Rogers say Trump calls off plan to move Coronavirus patients to Anniston

Eddie Burkhalter

Published

on

Editor’s note: This story will be updated. 

Alabama Sen. Richard Shelby and U.S. Rep. Mike Rogers both said Sunday afternoon that President Donald Trump told both lawmakers that a plan to relocate people who tested positive for the coronavirus to Anniston was off.

“I just got off the phone with the President. He told me that his administration will not be sending any victims of the Coronavirus from the Diamond Princess cruise ship to Anniston, Alabama. Thank you, @POTUS, for working with us to ensure the safety of all Alabamians.” tweeted Shelby at 2:05 p.m. Sunday. 

“I just got off the phone with the President. He told me that his administration will not be sending any victims of the Coronavirus from the Diamond Princess cruise ship to Anniston, Alabama. Thank you, @POTUS, for working with us to ensure the safety of all Alabamians.” tweeted Rogers at 2:18 p.m. Sunday. 

Alabama Gov. Kay earlier on Sunday announced that plans to relocate cruise ship passengers who tested positive for the Coronavirus to Anniston was only a “back-up” plan. 

Ivey’s announcement ran counter to statements by officials with the U.S. Department of Health and Human Services on Saturday that the agency planned to begin moving an unknown number of people to the FEMA’s Center for Domestic Preparedness in Anniston next week. The news caught state and local leaders off guard Saturday, many of whom said the federal government hadn’t discussed the plan with them, according to Al.com. 

Ivey in a press release said that the U.S. Department of Health and Human Services (HHS) told her about the plan late Friday, which calls for those passengers to be taken to the CDP in Anniston. 

Advertisement

“Sensing the urgency, I quickly informed the offices of Senators Richard Shelby and Doug Jones and Congressman Mike Rogers, as well as Dr. Scott Harris with the Alabama Department of Public Health,” Ivey’s statement reads. 

“On Saturday, it appears that a press release from HHS was inadvertently, and perhaps prematurely, sent notifying the State of Alabama that these individuals were scheduled to begin transporting to Alabama as early as Wednesday. 

Ivey said that there were a number of conversations between HHS, the White House, herself and her staff and two conference calls with senior Congressional staff “to try to clarify HHS’ intent and reasoning for selecting Alabama.” 

Advertisement
Advertisement

“On one of the calls, they informed us that the CDP in Anniston is only being considered as a “back-up” plan, in case they run out of alternative locations. They assured us on both calls that no decision had been made to send anyone to Anniston,” Ivey said. “I made it abundantly clear that while the State of Alabama wants to work closely with the Trump Administration to assist fellow Americans who may have tested positive for the Coronavirus, there were some grave concerns about why the site in Anniston was chosen and how, logistically, this would play out in the event this back-up site were to be eventually activated.” 

Ivey said that her priority is to protect the people of Alabama, and that while locating them in Alabama is a backup plan “this is a serious issue and we need to be fully aware of the facts regarding the potential of housing them in Anniston.” 

“I am grateful to Senator Shelby and his team for coordinating today’s effort to send officials from HHS to Alabama to provide further clarity to this situation,” Ivey said. “I also appreciate Congressman Rogers for speaking with the President and informing him of the concern of the people of Alabama. Through these coordinated efforts, we will begin a process that will be transparent, and hopefully find a solution of which we are united and comfortable with.” 

According to the New York Times on Saturday there were 34 infected people in the U.S., 18 of whom came off of the Diamond Princess cruise ship.

Anniston City Council members in a special called meeting Sunday discussed the possibility of suing the federal government to block the transfer of those patients to Anniston. 

Council members approved in a 3-1 vote a resolution that Anniston Mayor Jack Draper said was to authorize the city attorney and city manager to “to seek legal counsel with respect to all options we may have at this point, but not to specifically authorize any immediate filing.”

Draper said if after subsequent meetings planned for Sunday it was determined that the city needed to take action, council members would meet again to authorize legal action.

Draper said during the meeting that staff from Sen. Shelby’s office and HHS officials would meet in Anniston at around noon today. 

“I do think that it is important that we have all options available to us. We clearly have to be concerned about the health of our community,” Draper said. “At the same time I think we have to recognize that the eyes of the nation and possibly the eyes of the world are upon us now as well, and these are fellow Americans who have contracted this horrible disease, and we are in partnership with all our fellow Americans.”

During a Calhoun County Commission meeting on Sunday commissioners told attendees of the news that the plan was off.

Commissioner Tim Hodges said “I think that’s a good thing for the city and the county.”

Draper said during the commission meeting, which he also attended, that the City Council would meet again at 9a.m. on Monday to decide whether to take legal action.

 

 

 

 

 

 

Continue Reading

National

Lawmaker files bill to ban treatments for transgender kids

Jessa Reid Bolling

Published

on

Republican Wes Allen, R-Troy, filed a bill to prevent doctors from providing hormone replacement therapy or puberty suppressing drugs to people younger than 19 who identify as transgender.

HB303, the Alabama Vulnerable Child Compassion and Protection Act,  would make it a Class C felony, punishable by up to 10 years in prison, for doctors to prescribe puberty-blocking medications or opposite gender hormones to minors. Allen’s legislation would also ban hysterectomy, mastectomy or castration surgeries from being performed on minors.

“I was shocked when I found out doctors in Alabama were prescribing these types of drugs to children,” Allen said in a news release. “This is something you hear about happening in California or New York but it is happening right here in Alabama and it’s time we put a stop to that practice.”

Allen said that children experiencing gender dysphoria are struggling with a psychological disorder and that they need therapeutic treatment from mental health professionals instead of medical intervention that would leave their bodies “permanently mutilated.” 

“These children are suffering from a psychological disorder, just as someone who is suffering with bipolar disorder or schizophrenia but we treat those patients and try to help them. We should treat these psychological disorders as well.”

In 2018, a policy statement from the American Academy of Pediatrics (AAP) said that:

  • “Transgender identities and diverse gender expressions do not constitute a mental disorder; 
  • Variations in gender identity and expression are normal aspects of human diversity, and binary definitions of gender do not always reflect emerging gender identities; 
  • Gender identity evolves as an interplay of biology, development, socialization, and culture; and
  • If a mental health issue exists, it most often stems from stigma and negative experiences rather than being intrinsic to the child”

The World Health Organization (WHO) announced in 2018 that it was removing “gender identity disorder” from its global manual of diagnoses and reclassify “gender identity disorder” as “gender incongruence,” which is now listed under the sexual health chapter rather than the mental disorders chapter. 

Advertisement

In a 2018 interview, Dr. Lale Say, a reproductive health expert at the WHO, said that gender incongruence was removed from the list of mental health disorders because “we had a better understanding that this was not actually a mental health condition and leaving it there was causing stigma. So in order to reduce the stigma, while also ensuring access to necessary health interventions, this was placed in a different chapter.”

In 2012, the American Psychiatric Association revised the Diagnostic and Statistical Manual of Mental Disorders (DSM) to remove the term “gender identity disorder” from the manual and add the term “gender dysphoria.”

Allen’s bill will be considered by the Alabama House of Representatives in the coming weeks.

Advertisement
Advertisement

 

Continue Reading

Elections

Doug Jones raises $2.4 million in first fundraising period of 2020

Staff

Published

on

By

U.S. Sen. Doug Jones, D-Alabama, raised $2.4 million in the first fundraising period of 2020, according to his reelection campaign, which was $500,000 more than he raised during the fourth quarter of 2019. 

Jones has $7.4 million cash at hand, according to his campaign, which released the totals on Thursday. Jones’s latest campaign finance reports weren’t yet posted to the Federal Election Commission website on Thursday. 

“Alabamians across the state are showing their commitment to Doug’s message of One Alabama and his proven track record of standing up for all Alabamians,” said Doug Turner, Senior Advisor for Jones’s campaign, in a statement Thursday. Doug’s work to support working families, fund our HBCUs, modernize our military and expand and protect our health care is resonating with folks throughout Alabama. We are well-positioned to continue to grow our grassroots support and win in November.” 

Jones ended 2019 leading all of his Republican contenders in fundraising, ending the year with $5 million in cash.

 

Continue Reading

Courts

Alabama Democratic Party lawsuit was back in court on Thursday

Josh Moon

Published

on

The dispute goes on forever and the lawsuit never ends. 

A Montgomery County Circuit Court judge on Thursday delayed a decision on whether he has the standing to settle an internal dispute within the Alabama Democratic Party but indicated that he’s leaning towards ruling that he does. 

Judge Greg Griffin said he would rule soon on the matter, but made no promise that the decision would come before Alabama’s primary elections on March 3. 

Thursday’s hearing was the latest in the seemingly endless fight over control of the ADP and was the next step in a lawsuit brought by former ADP chairwoman Nancy Worley. Worley and her supporters, which have proven to be a decided minority of the State Democratic Executive Committee, filed the lawsuit late last year after the Democratic National Committee invalidated her re-election as chair and forced the party to change its bylaws and hold new elections. 

Those new elections resulted in Rep. Chris England being elected as party chairman and former Rep. Patricia Todd being elected vice-chair. The new party leadership has the backing of the national party, which pulled funding from ADP because Worley and others refused to rewrite the state party’s bylaws to be more inclusive. 

Worley filed her initial lawsuit prior to the elections in which she was booted out of her position, and Griffin, who was widely criticized for his handling of the case, granted a temporary restraining order that prevented the Reform Caucus of the ADP from meeting. That decision by Griffin was immediately overturned by the Alabama Supreme Court, in a rare, late-Friday evening emergency ruling. 

However, the ALSC did not rule on whether Griffin had standing to settle a dispute within the state party. The court left that question up to Griffin, which was why Thursday’s hearing was held. 

Advertisement

The entire thing seems to be an exercise in futility at this point. 

The ADP has moved on, with England certifying candidates and DNC officials clearly recognizing him as the rightful party chair. The DNC has no desire to work with Worley, who was stripped of her credentials for failing to follow directives and bylaws of the party. 

Even if Griffin creates a reason to invalidate England’s election, it doesn’t seem to matter much. The DNC has validated it, and it accepted the ADP’s new bylaws and changes to leadership structure. 

Advertisement
Advertisement

If Worley were to prevail in court, it’s unclear exactly what she would win.

 

Continue Reading
Advertisement

Authors

Advertisement

The V Podcast

Facebook

Trending

.