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1999 SESSION

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SB 881 Computer Crimes Act; electronic mail.

Introduced by: William C. Mims | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED: (all summaries)

Unsolicited bulk electronic mail (e-mail); personal jurisdiction; Virginia Computer Crimes Act. Amends Virginia's long-arm statute to establish that “use” of a computer or “computer network” located in the Commonwealth shall constitute an act in the Commonwealth. The bill also (i) expands the definitions of "computer services" and "without authority" and provides a new definition for "electronic mail service provider" in the Virginia Computer Crimes Act; (ii) makes it the crime of computer trespass to (a) falsify or forge e-mail message transmission information in connection with unsolicited bulk e-mail and (b) sell, give, distribute, or possess software whose principal purpose is to facilitate unsolicited bulk e-mail; (iii) provides that e-mail service providers shall not be liable for actions they take to prevent unsolicited bulk e-mail; (iv) provides civil relief to an injured person, other than an e-mail service provider, for actual damages or the lesser of $10 for each unsolicited bulk e-mail message or $25,000 per day and states that the injured person shall not have a cause of action against an e-mail service provider which merely transmits the e-mail message; (v) provides civil relief to an injured e-mail service provider for actual damages or the greater of $10 for each unsolicited bulk e-mail message or $25,000 per day; and (vi) cross-references the Virginia long-arm statute in the Virginia Computer Crimes Act to help ensure the establishment of personal jurisdiction in Virginia's courts. The purpose of the bill is to curb a practice known as "spamming," the sending of unsolicited e-mail to unsuspecting recipients. SB 881 is identical to HBs 1668 and 1714.


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