Bill Text: PA SB100 | 2009-2010 | Regular Session | Introduced

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Bill Title: Further providing for unlawful transmission of electronic mail.

Spectrum: Slight Partisan Bill (Democrat 9-5)

Status: (Introduced - Dead) 2009-01-29 - Referred to JUDICIARY [SB100 Detail]

Download: Pennsylvania-2009-SB100-Introduced.html

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PRINTER'S NO. 79
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 100 Session of2009
INTRODUCED BY WILLIAMS, WASHINGTON, FONTANA, TARTAGLIONE, ORIE, STACK, RAFFERTY, M. WHITE, ALLOWAY, MUSTO, BROWNE, O'PAKE, KASUNIC AND LEACH, JANUARY 29, 2009
REFERRED TO JUDICIARY, JANUARY 29, 2009
AN ACT
Amending Title 18 (Crimes and Offenses) of the Pennsylvania
Consolidated Statutes, further providing for unlawful
transmission of electronic mail.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 7661 of Title 18 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 7661. Unlawful transmission of electronic mail.
(a) Offense defined.--A person commits the offense of
unlawful transmission of electronic mail if he:
(1) Uses a computer or computer network without
authority and with the intent to falsify or forge electronic
mail transmission information or other routine information in
any manner in connection with the transmission of unsolicited
electronic mail through or into the computer network of an
electronic mail service provider, Internet service provider
or its subscribers.
(2) Sells, gives or otherwise distributes or possesses
with the intent to sell, give or distribute computer software
which:
(i) is primarily designed or produced for the
purpose of facilitating or enabling the falsification of
electronic mail transmission information or other routing
information;
(ii) has only limited commercially significant
purpose or use other than to facilitate or to enable the
falsification of electronic mail transmission information
or other routing information; or
(iii) is marketed by that person or another person
acting in concert with that person with that person's
knowledge for the use in facilitating or enabling the
falsification of electronic mail transmission information
or other routing information.
(3) Establishes an Internet website to publish criminal
records or court documents that are directly or indirectly
related to plea agreements and sentencing documents, which
may reveal the name or identity of an individual who has
cooperated as a witness for the Commonwealth.
(b) Grading.--
(1) Except as provided in paragraphs (2) and (3),
unlawful transmission of electronic mail is a misdemeanor of
the third degree punishable by a fine of not more than
$2,500.
(2) If there is damage to the property of another valued
at $2,500 or more caused by that person's reckless disregard
for the consequences of his act in violation of this section,
unlawful transmission of electronic mail is a misdemeanor of
the first degree punishable by a fine of not more than
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$10,000.
(3) If there is damage to the property of another valued
at $2,500 or more caused by that person's malicious act in
violation of this section, unlawful transmission of
electronic mail is a felony of the third degree punishable by
a fine of not more than $15,000.
(4) If there is serious bodily injury or endangerment to
a person who is or has served as a witness for the
Commonwealth, as a result of publication of information under
subsection (a)(3), it is a felony of the second degree
punishable by a fine of not more than $20,000.
(5) If there is death to a person who is or has served
as a witness for the Commonwealth, as a result of publication
of information under subsection (a)(3), it is a felony of the
first degree punishable by a fine of not more than $25,000.
(c) Rights preserved.--Nothing in this section shall be
construed to:
(1) Establish any liability by reason of terms or
conditions adopted by or technical measures implemented by an
electronic mail service provider or Internet service provider
doing business in this Commonwealth to prevent the
transmission of unsolicited electronic mail in violation of
this section.
(2) Interfere with or prohibit terms or conditions in a
contract or license related to computers, computer data,
computer networks, computer operations, computer programs,
computer services or computer software.
(d) Definitions.--As used in this section, the term
"electronic mail" shall include facsimiles and wireless
advertisements in addition to other electronic mail.
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Section 2. This act shall take effect in 60 days.
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