S T A T E O F N E W Y O R K
________________________________________________________________________
6887
I N S E N A T E
April 4, 2012
___________
Introduced by Sen. MARCELLINO -- read twice and ordered printed, and
when printed to be committed to the Committee on Energy and Telecommu-
nications
AN ACT to amend the state technology law, in relation to digital mail
communications
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "secure digital mail communications act of 2012".
3 S 2. The state technology law is amended by adding a new article 5 to
4 read as follows:
5 ARTICLE V
6 SECURE DIGITAL MAIL COMMUNICATIONS
7 SECTION 501. DEFINITION.
8 502. COMPLIANCE WITH STATUTORILY MANDATED COMMUNICATIONS.
9 503. REQUIREMENTS FOR DIGITAL MAIL DELIVERY SERVICE.
10 504. RULES AND REGULATIONS.
11 S 501. DEFINITION. AS USED IN THIS ARTICLE "DIGITAL MAIL DELIVERY
12 SERVICE" MEANS A SERVICE THAT (A) EMPLOYS SECURITY PROCEDURES TO
13 PROVIDE, SEND, DELIVER OR OTHERWISE COMMUNICATE ELECTRONIC RECORDS TO
14 THEIR INTENDED RECIPIENTS BY MEANS THAT UTILIZE (I) SECURITY METHODS
15 SUCH AS PASSWORDS, ENCRYPTION AND MATCHING AN ELECTRONIC ADDRESS TO A
16 PERSON'S PHYSICAL U.S. POSTAL ADDRESS, OR (II) OTHER SECURITY METHODS
17 THAT ARE CONSISTENT WITH APPLICABLE LAW OR INDUSTRY STANDARDS; AND (B)
18 OPERATES SUBJECT TO OTHERWISE APPLICABLE REQUIREMENTS OF THE ELECTRONIC
19 SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT OR THE UNIFORM ELECTRONIC
20 TRANSACTIONS ACT ALLOWING INFORMATION TO BE PROVIDED, SENT, DELIVERED OR
21 OTHERWISE COMMUNICATED BY OR FROM A GOVERNMENT AGENCY, GOVERNMENT OFFI-
22 CIAL OR ANY PERSON ACTING WITH OFFICIAL GOVERNMENT AUTHORITY TO A PERSON
23 IN THE FORM OF AN ELECTRONIC RECORD.
24 S 502. COMPLIANCE WITH STATUTORILY MANDATED COMMUNICATIONS. ANY LAW
25 REQUIRING A GOVERNMENT AGENCY, GOVERNMENT OFFICIAL OR ANY PERSON ACTING
26 WITH OFFICIAL GOVERNMENT AUTHORITY TO COMMUNICATE WITH PERSONS IN WRIT-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15267-01-2
S. 6887 2
1 ING OR BY MAIL OR THE LIKE MAY BE SATISFIED BY USE OF A SECURE DIGITAL
2 MAIL DELIVERY SERVICE.
3 S 503. REQUIREMENTS FOR DIGITAL MAIL DELIVERY SERVICE. FOR THE
4 PURPOSES OF THIS ARTICLE, A DIGITAL MAIL DELIVERY SERVICE SHALL:
5 (A) ALLOW RECIPIENTS OF COMMUNICATIONS TO OPT-INTO RECEIVING DIGITAL
6 MAIL DELIVERY FROM EACH ENTITY FROM A LIST OF PUBLIC OR COMMERCIAL ENTI-
7 TIES, INCLUDING BUSINESSES AND PUBLIC OR GOVERNMENT AGENCIES;
8 (B) SATISFY ALL EXISTING PRIVACY AND SECURITY REQUIREMENTS FOR THE
9 COMMUNICATION THAT IS BEING SENT;
10 (C) PROVIDE THE SENDER WITH A DELIVERY LOG AND AUDIT CAPABILITY WHEN
11 PROOF OF MAILING OR PROOF OF DELIVERY IS REQUIRED; AND
12 (D) USE AT LEAST TWO DIFFERENT SOURCES OF VERIFICATION TO ENSURE THE
13 IDENTIFY OF THE SUBSCRIBER AND THE CURRENT PHYSICAL ADDRESS OF THE
14 SUBSCRIBER.
15 S 504. RULES AND REGULATIONS. THE DIRECTOR SHALL PROMULGATE RULES AND
16 REGULATIONS NECESSARY TO EFFECTUATE THE PURPOSES OF THIS ARTICLE.
17 S 3. This act shall take effect on the one hundred twentieth day after
18 it shall have become a law. Effective immediately, the addition, amend-
19 ment and/or repeal of any rules or regulations necessary for the imple-
20 mentation of this act on its effective date are authorized to be made on
21 or before such date.