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2009 SESSION

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HB 1796 Unsolicited bulk electronic mail; penalty.

Introduced by: G. Manoli Loupassi | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Unsolicited bulk electronic mail (spam); penalty.  Creates a Class 1 misdemeanor when a person (1) uses a computer or computer network with the intent to falsify or forge electronic mail transmission information or other routing information in any manner in connection with the transmission of unsolicited commercial electronic mail ("spam") through or into the computer network of an electronic mail service provider or its subscribers; or (2) knowingly sells, gives, or otherwise distributes or possesses with the intent to sell, give, or distribute software that (i) is primarily designed or produced for the purpose of facilitating or enabling the falsification of the transmission information or other routing information of spam; (ii) has only limited commercially significant purpose or use other than to facilitate or enable the falsification of the transmission information or other routing information of spam; or (iii) is marketed by that person acting alone or with another for use in facilitating or enabling the falsification of the transmission information or other routing information of spam. A person is guilty of a Class 6 felony if, in addition to the elements of the Class 1 misdemeanor offense, the volume of spam transmitted exceeds a certain limit or the revenue generated exceeds a certain amount. This bill parallels the existing spam law but limits application to commercial electronic mail. Commercial electronic mail is defined in the bill as electronic mail, the primary purpose of which is the commercial advertisement or promotion of a commercial product or service (including content on an Internet website operated for a commercial purpose).


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