Assembly Bill A9537

                             
                     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.
              

                                                            LBD13365-02-1
 A. 9537                             2
 
   (B) REVIEW ANY REPORT MADE PURSUANT TO PARAGRAPH (A) OF THIS  SUBDIVI-
 SION WITHIN SIXTY DAYS OF RECEIPT OF SUCH REPORT.
   3.  IF,  UPON A REVIEW COMPLETED PURSUANT TO PARAGRAPH (B) OF SUBDIVI-
 SION TWO OF THIS SECTION, UNAUTHORIZED USE OF AN E-MAIL ADDRESS IS FOUND
 TO HAVE OCCURRED, THE E-MAIL SERVICE PROVIDER SHALL IMMEDIATELY  DISABLE
 THE  E-MAIL  ACCOUNT  AND REPORT THE ACCOUNT TO THE ATTORNEY GENERAL AND
 THE LOCAL DISTRICT ATTORNEY'S OFFICE.
   4. THE ATTORNEY GENERAL AND THE LOCAL DISTRICT ATTORNEY'S  OFFICE  MAY
 BRING  AN ACTION AGAINST A PERSON WHO HAS BEEN FOUND TO COMMIT AN ACT OF
 UNAUTHORIZED USE OF AN E-MAIL ACCOUNT. NOTHING IN THIS SECTION SHALL  IN
 ANY WAY LIMIT RIGHTS OR REMEDIES WHICH ARE OTHERWISE AVAILABLE UNDER LAW
 TO THE ATTORNEY GENERAL OR LOCAL DISTRICT ATTORNEY'S OFFICE.
   § 2. The penal law is amended by adding a new section 190.80-b to read
 as follows:
 § 190.80-B UNAUTHORIZED USE OF AN E-MAIL ACCOUNT.
   A  PERSON  IS  GUILTY  OF  UNAUTHORIZED USE OF AN E-MAIL ACCOUNT WHEN,
 HAVING NO RIGHT TO DO SO, HE OR SHE 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  HACKS  INTO  AN  EXISTING
 E-MAIL  ACCOUNT  AND  USING  SUCH  ACCOUNT FOR THE PURPOSE OF SOLICITING
 MONEY OR ANOTHER SOURCE OF FUNDING FROM ANY PERSON OR  PERSONS  ON  SUCH
 INDIVIDUAL'S CONTACT LIST.
   UNAUTHORIZED USE OF AN E-MAIL ACCOUNT IS A CLASS A MISDEMEANOR.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.