HF 2948

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to consumer protection; providing criminal 
  1.3             penalties involving the transmission of certain e-mail 
  1.4             messages; classifying a violation of this provision as 
  1.5             a designated offense in the forfeiture laws; amending 
  1.6             Minnesota Statutes 2002, section 609.531, subdivision 
  1.7             1; proposing coding for new law in Minnesota Statutes, 
  1.8             chapter 325E.  
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  [325E.396] [UNAUTHORIZED TRANSMISSION OF E-MAIL 
  1.11  MESSAGES.] 
  1.12     Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
  1.13  the following terms have the meanings given.  
  1.14     (b) "Commercial e-mail" means any electronic mail message 
  1.15  sent primarily for the purpose of commercial advertisement or 
  1.16  promotion of a commercial product or service, including, but not 
  1.17  limited to, the content on an Internet Web site or online site 
  1.18  operated for a commercial purpose.  
  1.19     (c) "Computer" means an electronic, magnetic, optical, 
  1.20  electrochemical, or other high-speed data processing device 
  1.21  performing logical, arithmetic, or storage functions, and 
  1.22  includes any data storage facility or communications facility 
  1.23  directly related to or operating in conjunction with the device, 
  1.24  but does not include an automated typewriter or typesetter, a 
  1.25  portable handheld calculator, or other similar device.  
  1.26     (d) "Computer network" or "network" means any system or 
  1.27  equipment that provides communications between one or more 
  2.1   computer systems and input and output devices, including, but 
  2.2   not limited to, display terminals and printers connected by 
  2.3   telecommunication facilities and the Internet.  
  2.4      (e) "Computer system" means a device or collection of 
  2.5   devices, including support devices and excluding calculators 
  2.6   that are not programmable and capable of being used in 
  2.7   conjunction with external files, one or more of which contain 
  2.8   computer programs, electronic instructions, input data, and 
  2.9   output data, that performs functions, including, but not limited 
  2.10  to, logic, arithmetic, data storage and retrieval, 
  2.11  communication, and control.  
  2.12     (f) "Domain name" means any alphanumeric designation that 
  2.13  is registered with or assigned by any domain name registrar, 
  2.14  domain name registry, or other domain name registration 
  2.15  authority, and that is associated with an e-mail message.  
  2.16     (g) "Financial institution" means a state or federally 
  2.17  chartered bank, savings bank, or savings and loan association, 
  2.18  or any other financial services company or provider, including, 
  2.19  but not limited to, broker-dealers, investment companies, money 
  2.20  market and mutual funds, credit unions, and insurers authorized 
  2.21  to do business in this state.  
  2.22     (h) "Header information" means the source, destination, 
  2.23  routing information, or information authenticating the sender, 
  2.24  associated with an e-mail message, including, but not limited 
  2.25  to, the originating domain name, originating e-mail address, 
  2.26  information regarding any part of the route that an e-mail 
  2.27  message travels or appears to travel on the Internet or on an 
  2.28  online service, or other information authenticating the sender 
  2.29  for network security or network management purposes.  
  2.30     (i) "Initiate the transmission" means to originate an 
  2.31  e-mail message or to procure the origination of an e-mail 
  2.32  message, regardless of whether the message reaches its intended 
  2.33  recipients, and does not include the actions of an Internet 
  2.34  service provider used by another person for the transmission, 
  2.35  routing, relaying, handling, or storing, through an automatic 
  2.36  technical process of an e-mail message for which another person 
  3.1   has provided and selected the recipient e-mail addresses.  
  3.2      (j) "Internet" means the international computer network of 
  3.3   both federal and nonfederal interoperable packet switched data 
  3.4   networks.  
  3.5      (k) "Internet protocol address" means the string of numbers 
  3.6   by which locations on the Internet are identified by routers or 
  3.7   other computers connected to the Internet.  
  3.8      (l) "Internet service provider" means a service that 
  3.9   transmits, routes, or provides connections for digital online 
  3.10  communications over the Internet between or among points 
  3.11  specified by a user, of material of the user's choosing, without 
  3.12  modification to the content of the communication as sent and 
  3.13  received, and may also include access to proprietary content, 
  3.14  information, and other services as part of a package of services 
  3.15  offered to users.  The term does not include telecommunications 
  3.16  services.  
  3.17     (m) "Loss" means any reasonable cost to any victim, 
  3.18  including the cost of responding to an offense, conducting a 
  3.19  damage assessment, and restoring the data, program or system, or 
  3.20  information to its condition before the offense, and any revenue 
  3.21  lost, cost incurred, or other consequential damages incurred 
  3.22  because of interruption of service.  
  3.23     (n) "Materially falsified" means altered or concealed in a 
  3.24  manner that would impair the ability of a recipient of the 
  3.25  advertisement, an e-mail service provider processing an e-mail 
  3.26  message on behalf of a recipient, a person alleging a violation 
  3.27  of this section, or a law enforcement agency to identify, 
  3.28  locate, or respond to a person who initiated the e-mail message 
  3.29  or to investigate the alleged violation.  
  3.30     (o) "Message" means each e-mail message addressed to a 
  3.31  discrete addressee.  
  3.32     (p) "Multiple" means more than ten e-mail messages during a 
  3.33  24-hour period, more than 100 e-mail messages during a 30-day 
  3.34  period, or more than 1,000 e-mail messages during a one-year 
  3.35  period.  
  3.36     (q) "Procure" means to intentionally pay or provide other 
  4.1   consideration to another person to initiate the commercial 
  4.2   e-mail message, or to intentionally induce another person to 
  4.3   initiate the commercial e-mail message on the procurer's behalf. 
  4.4      (r) "Protected computer" means a computer exclusively for 
  4.5   the use of state government or a financial institution or, in 
  4.6   the case of a computer not exclusively for this use, used by or 
  4.7   for a financial institution or state government and the conduct 
  4.8   constituting the offense affects that use by or for the 
  4.9   financial institution or state government; or a computer that is 
  4.10  used in intrastate or interstate communication.  
  4.11     Subd. 2.  [CRIMINAL ACTS.] (a) A person who, with regard to 
  4.12  commercial e-mail messages sent from or to a protected computer 
  4.13  in this state, knowingly: 
  4.14     (1) uses a protected computer to relay or retransmit 
  4.15  multiple commercial e-mail messages, with the intent to deceive 
  4.16  or mislead recipients, or any Internet service provider, as to 
  4.17  the origin of the messages; 
  4.18     (2) materially falsifies header information in multiple 
  4.19  commercial e-mail messages and intentionally initiates the 
  4.20  transmission of these messages; 
  4.21     (3) registers, using information that materially falsifies 
  4.22  the identity of the actual registrant, for five or more e-mail 
  4.23  accounts or online user accounts or two or more domain names, 
  4.24  and intentionally initiates the transmission of multiple 
  4.25  commercial e-mail messages from any combination of these 
  4.26  accounts or domain names; 
  4.27     (4) falsely represents the right to use five or more 
  4.28  Internet protocol addresses, and intentionally initiates the 
  4.29  transmission of multiple commercial e-mail messages from these 
  4.30  addresses; or 
  4.31     (5) accesses a protected computer without authorization, 
  4.32  and intentionally initiates the transmission of multiple 
  4.33  commercial e-mail messages from or through the computer; 
  4.34  is guilty of a misdemeanor.  
  4.35     (b) A person who violates paragraph (a) is guilty of a 
  4.36  gross misdemeanor if, with regard to commercial e-mail messages 
  5.1   sent from or to a protected computer in this state:  
  5.2      (1) the person knowingly registers, using information that 
  5.3   falsifies the identity of the actual registrant, for 20 or more 
  5.4   e-mail accounts or online user accounts or ten or more domain 
  5.5   names, and intentionally initiates the transmission of multiple 
  5.6   commercial e-mail messages from these accounts or domain names; 
  5.7      (2) the volume of commercial e-mail messages transmitted in 
  5.8   furtherance of an offense exceeds 250 during any 24-hour period, 
  5.9   2,500 during any 30-day period, or 25,000 during any one-year 
  5.10  period; 
  5.11     (3) the person committing the offense causes loss to one or 
  5.12  more persons aggregating $500 or more in value during any 
  5.13  one-year period; 
  5.14     (4) as a result of committing the offense, the person 
  5.15  committing the offense obtains anything of value aggregating 
  5.16  $500 or more during any one-year period; or 
  5.17     (5) the offense was undertaken by the person in concert 
  5.18  with three or more other persons with respect to whom the person 
  5.19  charged occupied a position of organizer or leader.  
  5.20     (c) A person who violates this subdivision in furtherance 
  5.21  of a felony, or after having been previously convicted of an 
  5.22  offense under the laws of this state or another state, or under 
  5.23  any federal law, involving transmission of multiple commercial 
  5.24  e-mail messages or unauthorized access to a computer system, is 
  5.25  guilty of a felony and may be sentenced to imprisonment for not 
  5.26  more than two years or to payment of a fine of not more than 
  5.27  $4,000, or both.  
  5.28     Sec. 2.  Minnesota Statutes 2002, section 609.531, 
  5.29  subdivision 1, is amended to read: 
  5.30     Subdivision 1.  [DEFINITIONS.] For the purpose of sections 
  5.31  609.531 to 609.5318, the following terms have the meanings given 
  5.32  them.  
  5.33     (a) "Conveyance device" means a device used for 
  5.34  transportation and includes, but is not limited to, a motor 
  5.35  vehicle, trailer, snowmobile, airplane, and vessel and any 
  5.36  equipment attached to it.  The term "conveyance device" does not 
  6.1   include property which is, in fact, itself stolen or taken in 
  6.2   violation of the law.  
  6.3      (b) "Weapon used" means a dangerous weapon as defined under 
  6.4   section 609.02, subdivision 6, that the actor used or had in 
  6.5   possession in furtherance of a crime.  
  6.6      (c) "Property" means property as defined in section 609.52, 
  6.7   subdivision 1, clause (1).  
  6.8      (d) "Contraband" means property which is illegal to possess 
  6.9   under Minnesota law.  
  6.10     (e) "Appropriate agency" means the Bureau of Criminal 
  6.11  Apprehension, the Minnesota State Patrol, a county sheriff's 
  6.12  department, the Suburban Hennepin Regional Park District park 
  6.13  rangers, the Department of Natural Resources Division of 
  6.14  Enforcement, the University of Minnesota Police Department, or a 
  6.15  city or airport police department.  
  6.16     (f) "Designated offense" includes:  
  6.17     (1) for weapons used:  any violation of this chapter, 
  6.18  chapter 152, or chapter 624; 
  6.19     (2) for all other purposes:  a felony violation of, or a 
  6.20  felony-level attempt or conspiracy to violate, section 325E.17; 
  6.21  325E.18; 325E.396; 609.185; 609.19; 609.195; 609.21; 609.221; 
  6.22  609.222; 609.223; 609.2231; 609.24; 609.245; 609.25; 609.255; 
  6.23  609.322; 609.342, subdivision 1, clauses (a) to (f); 609.343, 
  6.24  subdivision 1, clauses (a) to (f); 609.344, subdivision 1, 
  6.25  clauses (a) to (e), and (h) to (j); 609.345, subdivision 1, 
  6.26  clauses (a) to (e), and (h) to (j); 609.42; 609.425; 609.466; 
  6.27  609.485; 609.487; 609.52; 609.525; 609.527; 609.528; 609.53; 
  6.28  609.54; 609.551; 609.561; 609.562; 609.563; 609.582; 609.59; 
  6.29  609.595; 609.631; 609.66, subdivision 1e; 609.671, subdivisions 
  6.30  3, 4, 5, 8, and 12; 609.687; 609.821; 609.825; 609.86; 609.88; 
  6.31  609.89; 609.893; 609.895; 617.246; or a gross misdemeanor or 
  6.32  felony violation of section 609.891 or 624.7181; or any 
  6.33  violation of section 609.324. 
  6.34     (g) "Controlled substance" has the meaning given in section 
  6.35  152.01, subdivision 4. 
  6.36     Sec. 3.  [EFFECTIVE DATE.] 
  7.1      Sections 1 and 2 are effective August 1, 2004, and apply to 
  7.2   crimes committed on or after that date.