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2009 SESSION

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HB 1797 Unsolicited bulk electronic mail (spam); 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 for (1) the use of a computer or computer network to transmit, with the intent to falsify or forge electronic mail transmission information or other routing information, unsolicited bulk electronic mail (spam) through or into the computer network of an EMSP that has implemented anti-spam security measures; or (2) knowingly selling, giving, or otherwise distributing or possessing 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 in an effort to bypass anti-spam security measures of an EMSP; (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 Class 1 misdemeanor offense, (i) the volume of spam transmitted exceeded 10,000 attempted recipients in any 24-hour time period, 100,000 attempted recipients in any 30-day time period, or one million attempted recipients in any one-year time period; or (ii) the revenue generated from a specific spam transmission exceeded $1,000 or the total revenue generated from all spam transmitted through any EMSP exceeded $50,000. This bill parallels the existing spam law but adds provisions requiring that a person bypass an anti-spam security measure implemented by an EMSP to be culpable for the offense.


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