senate Bill S3070

2011-2012 Legislative Session

Curtails transmission of unsolicited electronic mail over public computer networks

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to codes
Feb 08, 2011 referred to codes

S3070 - Bill Details

See Assembly Version of this Bill:
A6982
Current Committee:
Law Section:
Penal Law
Laws Affected:
Amd ยง240.30, Pen L
Versions Introduced in 2009-2010 Legislative Session:
S8098, A6597

S3070 - Bill Texts

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Curtails transmission of unsolicited electronic mail over public computer networks; creates crime of aggravated harassment of an individual through electronic mail and makes it a class A misdemeanor.

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BILL NUMBER:S3070

TITLE OF BILL:
An act
to amend the penal law, in relation to aggravated harassment of an
individual through electronic mail

PURPOSE:
The bill seeks to curtail the transmission of unsolicited
electronic mail over public computer networks.

SUMMARY OF PROVISIONS:
The bill would create a new subdivision 1-a of
section 240.30 of the penal law to make it a class A misdemeanor to
send unsolicited electronic mail over a computer network that
provides no purpose of legitimate communication and no information to
allow a direct reply from the recipient to the sender.

JUSTIFICATION:
Current law already criminalizes harassment over the
telephone and through the mail. Harassment through e-mail can and
often is just as annoying and alarming to the recipient as written or
telephonic communication. Unsolicited electronic mail that disguises
its origination, or otherwise fails to disclose its true origination
and authorship, has become a prevalent medium of electronic
communication.
The failure of this type of e-mail to allow the recipient to respond
directly to the sender and communicate the recipient's annoyance or
alarm has shielded the sender from accountability and facilitated the
exponential growth of this annoying method of communication.

LEGISLATIVE HISTORY:
2009-10: S.8098/A.6597 Died in Codes
2007-08: S.4104/A.3479
2005-06: S.1005/A.3715
2003-04: S.648/A.853
2001-02: S.6477/A.9963

EXISTING LAW:
None.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
The act would take effect the first of November next
succeeding enactment.

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

                                  3070

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 8, 2011
                               ___________

Introduced  by  Sen. HUNTLEY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes

AN ACT to amend the penal law, in relation to aggravated  harassment  of
  an individual through electronic mail

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 240.30 of the penal law is amended by adding a  new
subdivision 1-a to read as follows:
  1-A.  TRANSMITS  AN ELECTRONIC MESSAGE OVER A COMPUTER NETWORK WITHOUT
THE EXPRESS AUTHORITY OF  THE  RECIPIENT,  WHEN  SUCH  MESSAGE  PROVIDES
NEITHER  ANY  PURPOSE OF LEGITIMATE COMMUNICATION NOR ANY INFORMATION TO
THE RECIPIENT WHICH WOULD ALLOW A DIRECT REPLY TO INFORM THE  SENDER  OF
THE ANNOYANCE; OR
  S 2. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02480-01-1

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