Digital expression protection.

Plain English Breakdown

The official bill text does not provide additional details beyond what is summarized in the candidate explanation, so no further notes are necessary.

Digital Expression Protection Act

This law protects people who create, host, or store digital expressions from being held criminally responsible for how others use those expressions.

What This Bill Does

• It says that creating a digital expression (like computer code) cannot be the only reason someone is charged with a crime based on another person's actions using that expression.
• Hosting or storing digital expressions in Wyoming does not alone make you criminally responsible for how others use them, as long as your own actions are legal.

Who It Names or Affects

• People who create, host, or store digital expressions in Wyoming
• Law enforcement and courts when deciding on criminal cases involving digital expressions

Terms To Know

Digital expression

An expression that is communicated through source code or a computer program.

Source code

Instructions and statements in a programming language used to create or modify a computer program, including comments and design documents.

Limits and Unknowns

• The law does not protect people if their digital expression is itself illegal.
• It only applies to situations where the person creating, hosting, or storing the digital expression did nothing wrong themselves.

Official Summary Text

Bill Summary - 20LSO-0055
Bill No.:

HB0008

Effective:

Immediately

LSO No.:

20LSO-0055

Enrolled Act No.:

HEA No. 0013

Chapter No.:

16

Prime Sponsor:

Joint Judiciary Interim Committee

Catch Title:

Digital expression protection.

Subject:

Limitations on criminal liability for digital expression.

Summary/Major Elements:

The act provides that the creation, hosting or storing of a digital expression (generally, source code or a computer program) cannot be the sole basis for any criminal liability based on another person's use of that digital expression. The act would not limit criminal liability for activities that would otherwise constitute a crime.
The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent. While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.

Current Bill Text

20LSO-0055

ORIGINAL House

Bill No
.
HB0008

ENROLLED ACT NO. 13,

HOUSE OF REPRESENTATIVES

SIXTY-FIFTH LEGISLATURE OF THE STATE OF WYOMING
2020 Budget Session

AN ACT relating to digital expression; providing limitations on criminal liability for digital expression as specified; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 6
‑
1
‑
205 is created to read:

6
‑
1
‑
205.

Limitations on criminal liability for digital expression.

(a)

A digital expression that does not otherwise constitute a crime or subject the person responsible for creating the digital expression to criminal liability under the Wyoming Criminal Code shall not serve as the sole basis for any criminal liability based on the use of that digital expression by another person.

(b)

Hosting or storing a digital expression on a computer, computer network or computer system in Wyoming in a manner that does not otherwise constitute a crime or subject the person hosting or storing the digital expression to criminal liability under the Wyoming Criminal Code shall not serve as the sole basis for any criminal liability based on the use of that digital expression by another person.

(c)

Nothing in this section shall be construed to limit or prohibit liability for criminal activity merely because the conduct was in part initiated or carried out by means of a digital expression.

(d)

As used in this section:

(i)

"Digital expression" means an expression that is communicated through source code or a computer program;

(ii)

"Computer" means as defined in W.S. 6
‑
3
‑
501(a)(ii);

(iii)

"Computer network" means as defined in W.S. 6
‑
3
‑
501(a)(iii);

(iv)

"Computer program" means as defined in W.S. 6
‑
3
‑
501(a)(iv);

(v)

"Computer software" mean as defined by W.S. 6
‑
3
‑
501(a)(v);

(vi)

"Computer system" means as defined in W.S. 6
‑
3
‑
501(a)(vi);

(vii)

"Source code" means any form of work used to create or modify a computer program. "Source code" includes:

(A)

Instructions and statements expressed in a computer programming language;

(B)

Computer programming comments, notes and memoranda;

(C)

Design documents and functional specifications for a computer program.

Section 2.

This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

1