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1999 SESSION

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992050818
HOUSE BILL NO. 2236 House Amendments in [ ] -- February 3, 1999 A BILL to amend the Code of Virginia by adding in Article 7.1 of Chapter 5 of Title 18.2 a section numbered 18.2-152.15, relating to encryption used in criminal activity; penalty. ----------
Patrons-- May, Black, Blevins, Crittenden, Darner, Dickinson, Drake, Guest, Harris, Howell, Jones, D.C., Katzen, Landes, Moran, Puller, Reid, Robinson, Rollison, Ruff, Tate and Wardrup
---------- Referred to Committee on Science and Technology ----------

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Article 7.1 of Chapter 5 of Title 18.2 a section numbered 18.2-152.15 as follows:

§ 18.2-152.15. Encryption used in criminal activity.

Any person who willfully uses encryption to further any criminal activity shall be guilty of an offense which is separate and distinct from the predicate criminal activity and punishable as a Class 1 misdemeanor.

“Encryption” means the transformation of data by the use of cryptography to produce unintelligible data (encrypted data) to ensure its confidentiality [ , which may be subsequently recovered through a reverse encryption process ] .