Assembly Bill A9537

2021-2022 Legislative Session

Requires e-mail service providers to create a service for consumers to report instances of unauthorized use of an e-mail account; establishes the crime of unauthorized use of an e-mail account

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2021-A9537 (ACTIVE) - Details

Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Add §390-d, Gen Bus L; add §190.80-b, Pen L
Versions Introduced in 2023-2024 Legislative Session:
A2319

2021-A9537 (ACTIVE) - Summary

Requires e-mail service providers to create a service for consumers to report instances of unauthorized use of an e-mail account and to report instances of unauthorized use of an e-mail account to the attorney general's office and the local district attorney's office; establishes the crime of unauthorized use of an e-mail account as a class A misdemeanor.

2021-A9537 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9537
 
                           I N  A S S E M B L Y
 
                              March 16, 2022
                                ___________
 
 Introduced  by M. of A. VANEL -- read once and referred to the Committee
   on Consumer Affairs and Protection
 
 AN ACT to amend the general  business  law,  in  relation  to  requiring
   e-mail  service  providers to create a service for consumers to report
   instances of unauthorized use of an e-mail account; and to  amend  the
   penal  law,  in relation to establishing the crime of unauthorized use
   of an e-mail account
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 390-d to read as follows:
   §  390-D.  E-MAIL  PROTECTION. 1. FOR THE PURPOSES OF THIS SECTION THE
 FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "E-MAIL SERVICE PROVIDER"  SHALL  MEAN  ANY  PERSON,  BUSINESS  OR
 ORGANIZATION  QUALIFIED TO DO BUSINESS IN THIS STATE THAT PROVIDES INDI-
 VIDUALS, CORPORATIONS, OR OTHER ENTITIES WITH THE ABILITY TO SEND E-MAIL
 MESSAGES.
   (B) "LOCAL DISTRICT ATTORNEY'S OFFICE" SHALL MEAN THE DISTRICT  ATTOR-
 NEY'S OFFICE LOCATED WITHIN THE COUNTY IN WHICH THE OWNER OF THE ACCOUNT
 RESIDES.
   (C)  "UNAUTHORIZED  USE  OF AN E-MAIL ACCOUNT" SHALL MEAN ANY INSTANCE
 WHEN, WITHOUT HAVING THE RIGHT OR PERMISSION TO DO SO, AN INDIVIDUAL:
   (I) CREATES A FALSE E-MAIL ACCOUNT USING AN INDIVIDUAL'S NAME FOR  THE
 PURPOSE  OF  SOLICITING  MONEY OR ANOTHER SOURCE OF FUNDING OR ANY OTHER
 PERSONAL INFORMATION FROM ANY PERSON OR  PERSONS  ON  SUCH  INDIVIDUAL'S
 CONTACT LIST; OR
   (II)  HACKS INTO AN EXISTING E-MAIL ACCOUNT AND USING SUCH ACCOUNT FOR
 THE PURPOSE OF SOLICITING MONEY OR ANOTHER  SOURCE  OF  FUNDING  OR  ANY
 OTHER  PERSONAL  INFORMATION FROM ANY PERSON OR PERSONS ON SUCH INDIVID-
 UAL'S CONTACT LIST.
   2. ALL E-MAIL SERVICE PROVIDERS DOING BUSINESS IN THIS STATE SHALL:
   (A) CREATE A SERVICE FOR CONSUMERS LIVING WITHIN THIS STATE TO  REPORT
 UNAUTHORIZED  USE  OF AN E-MAIL ADDRESS TO SUCH E-MAIL SERVICE PROVIDER;
 AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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