S T A T E O F N E W Y O R K
2013-2014 Regular Sessions
I N S E N A T E
April 26, 2013
Introduced by Sens. LATIMER, CARLUCCI, GOLDEN -- read twice and ordered
printed, and when printed to be committed to the Committee on Energy
and Telecommunications -- recommitted to the Committee on Energy and
Telecommunications in accordance with Senate Rule 6, sec. 8 -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee
AN ACT to amend the state technology law, in relation to digital mail
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "secure digital mail communications act of 2014".
S 2. The state technology law is amended by adding a new article 5 to
read as follows:
SECURE DIGITAL MAIL COMMUNICATIONS
SECTION 501. DEFINITION.
502. COMPLIANCE WITH STATUTORILY MANDATED COMMUNICATIONS.
503. REQUIREMENTS FOR DIGITAL MAIL DELIVERY SERVICE.
504. RULES AND REGULATIONS.
S 501. DEFINITION. AS USED IN THIS ARTICLE "DIGITAL MAIL DELIVERY
SERVICE" MEANS A SERVICE THAT (A) EMPLOYS SECURITY PROCEDURES TO
PROVIDE, SEND, DELIVER OR OTHERWISE COMMUNICATE ELECTRONIC RECORDS TO
THEIR INTENDED RECIPIENTS BY MEANS THAT UTILIZE (I) SECURITY METHODS
SUCH AS PASSWORDS, ENCRYPTION AND MATCHING AN ELECTRONIC ADDRESS TO A
PERSON'S PHYSICAL U.S. POSTAL ADDRESS, OR (II) OTHER SECURITY METHODS
THAT ARE CONSISTENT WITH APPLICABLE LAW OR INDUSTRY STANDARDS; AND (B)
OPERATES SUBJECT TO OTHERWISE APPLICABLE REQUIREMENTS OF THE ELECTRONIC
SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT OR THE UNIFORM ELECTRONIC
TRANSACTIONS ACT ALLOWING INFORMATION TO BE PROVIDED, SENT, DELIVERED OR
OTHERWISE COMMUNICATED BY OR FROM A GOVERNMENT AGENCY, GOVERNMENT OFFI-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 4843--A 2
CIAL OR ANY PERSON ACTING WITH OFFICIAL GOVERNMENT AUTHORITY TO A PERSON
IN THE FORM OF AN ELECTRONIC RECORD.
S 502. COMPLIANCE WITH STATUTORILY MANDATED COMMUNICATIONS. ANY LAW
REQUIRING A GOVERNMENT AGENCY, GOVERNMENT OFFICIAL OR ANY PERSON ACTING
WITH OFFICIAL GOVERNMENT AUTHORITY TO COMMUNICATE WITH PERSONS IN WRIT-
ING OR BY MAIL OR THE LIKE MAY BE SATISFIED BY USE OF A SECURE DIGITAL
MAIL DELIVERY SERVICE.
S 503. REQUIREMENTS FOR DIGITAL MAIL DELIVERY SERVICE. FOR THE
PURPOSES OF THIS ARTICLE, A DIGITAL MAIL DELIVERY SERVICE SHALL:
(A) ALLOW RECIPIENTS OF COMMUNICATIONS TO OPT-INTO RECEIVING DIGITAL
MAIL DELIVERY FROM EACH ENTITY FROM A LIST OF PUBLIC OR COMMERCIAL ENTI-
TIES, INCLUDING BUSINESSES AND PUBLIC OR GOVERNMENT AGENCIES;
(B) SATISFY ALL EXISTING PRIVACY AND SECURITY REQUIREMENTS FOR THE
COMMUNICATION THAT IS BEING SENT;
(C) PROVIDE THE SENDER WITH A DELIVERY LOG AND AUDIT CAPABILITY WHEN
PROOF OF MAILING OR PROOF OF DELIVERY IS REQUIRED; AND
(D) USE AT LEAST TWO DIFFERENT SOURCES OF VERIFICATION TO ENSURE THE
IDENTITY OF THE SUBSCRIBER AND THE CURRENT PHYSICAL ADDRESS OF THE
S 504. RULES AND REGULATIONS. THE DIRECTOR SHALL PROMULGATE RULES AND
REGULATIONS NECESSARY TO EFFECTUATE THE PURPOSES OF THIS ARTICLE.
S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rules or regulations necessary for the imple-
mentation of this act on its effective date are authorized to be made on
or before such date.