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Assembly Bill A4991

2009-2010 Legislative Session

Prohibits transmission of unsolicited bulk electronic mail through an electronic mail service provider's network in the state, authorizes suits, and criminalizes

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Archive: Last Bill Status - In Assembly Committee

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2009-A4991 (ACTIVE) - Details

Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Add ยง396-ii, Gen Bus L

2009-A4991 (ACTIVE) - Summary

Prohibits transmission of unsolicited bulk electronic mail through an electronic mail service provider's network in the state; establishes criminal and civil penalties and authorizes injured parties to bring suits for damages.

2009-A4991 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4991

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 10, 2009
                               ___________

Introduced  by M. of A. BRODSKY -- read once and referred to the Commit-
  tee on Consumer Affairs and Protection

AN ACT to amend the general business law, in relation to prohibiting the
  transmission of unsolicited bulk electronic mail through an electronic
  mail service provider's network located in this state

  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
396-ii to read as follows:
  S  396-II.  UNLAWFUL TRANSMISSION OF UNSOLICITED BULK ELECTRONIC MAIL.
1. IT SHALL BE UNLAWFUL FOR A PERSON OR  OTHER  ENTITY  TO  TRANSMIT  OR
CAUSE THE TRANSMISSION OF UNSOLICITED BULK ELECTRONIC MAIL TO OR THROUGH
AN  ELECTRONIC  MAIL SERVICE PROVIDER'S COMPUTER NETWORK LOCATED IN THIS
STATE. FOR PURPOSES OF  THIS  SECTION:  (A)  "COMPUTER  SERVICES"  MEANS
COMPUTER  TIME,  INCLUDING  DATA PROCESSING SERVICES, INTERNET SERVICES,
ELECTRONIC MAIL SERVICES, ELECTRONIC MESSAGE SERVICES, OR INFORMATION OR
DATA STORED IN CONNECTION  THEREWITH.    (B)  "ELECTRONIC  MAIL  SERVICE
PROVIDER" MEANS ANY PERSON OR OTHER ENTITY WHO OR WHICH (I) IS AN INTER-
MEDIARY  SENDING  OR  RECEIVING  ELECTRONIC  MAIL  AND  (II) PROVIDES TO
END-USERS OF ELECTRONIC MAIL SERVICES THE ABILITY  TO  SEND  OR  RECEIVE
ELECTRONIC MAIL.
  2.    NO  PERSON  OR  OTHER ENTITY SHALL WITHOUT AUTHORITY TRANSMIT OR
CAUSE TO BE TRANSMITTED ANY UNSOLICITED ELECTRONIC MAIL.   A  PERSON  OR
OTHER ENTITY IS "WITHOUT AUTHORITY" WHEN (A) HE, SHE  OR IT HAS NO RIGHT
OR PERMISSION OF THE OWNER TO USE A COMPUTER OR (B) HE, SHE OR IT USES A
COMPUTER  OR  COMPUTER  NETWORK WITHOUT AUTHORITY AND WITH THE INTENT TO
FALSIFY OR FORGE ELECTRONIC MAIL    TRANSMISSION  INFORMATION  OR  OTHER
ROUTING  INFORMATION, IN ANY MANNER, IN CONNECTION WITH THE TRANSMISSION
OF UNSOLICITED BULK ELECTRONIC MAIL THROUGH OR INTO THE COMPUTER NETWORK
OF AN ELECTRONIC MAIL SERVICE  PROVIDER OR ITS SUBSCRIBER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08653-01-9

              

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