SB 24 - Computer Security; persons provide identifying information by falsely representing themselves to be a business; definitions; penalties
Sponsored By
- (1) Staton,Cecil 18th
- (2) Shafer,David 48th
- (3) Chance,Ronnie 16th
- (4) Carter,Joseph 13th
- (5) Rogers,Chip 21st
- (6) Harp,Seth 29th
Current Status
05/12/08 - Senate Date Signed by GovernorFirst Reader Summary
A BILL to be entitled an Act to amend Article 6 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating to computer systems security, so as to prohibit persons from using the Internet or electronic mail to induce another to provide identifying information by falsely representing themselves to be a business without the authority or approval of the business; to provide definitions; to provide for penalties and sanctions; to provide for civil actions; to provide for related matters; to repeal conflicting laws; and for other purposes.
Votes
| Date | Time | Vote No | Yeas | Nays | NV | Exc | Description |
|---|---|---|---|---|---|---|---|
| 01/26/2007 | 9:50AM | Senate Vote #14 | 052 | 000 | 000 | 004 | PASSAGE BY SUBSTITUTE |
| 03/31/2008 | 2:05PM | House Vote #907 | 164 | 000 | 009 | 007 | PASS |
| 04/04/2008 | 4:57PM | Senate Vote #1009 | 044 | 000 | 005 | 007 | AGREE TO HOUSE SUBSTITUTE |
Status History
| Date | Action |
|---|---|
| 01/11/2007 | Senate Read and Referred |
| 01/23/2007 | Senate Committee Favorably Reported |
| 01/24/2007 | Senate Read Second Time |
| 01/26/2007 | Senate Third Read |
| 01/26/2007 | Senate Passed/Adopted |
| 01/29/2007 | House First Readers |
| 01/30/2007 | House Second Readers |
| 04/11/2007 | House Committee Favorably Reported |
| 04/20/2007 | House Withdrawn, Recommitted |
| 03/18/2008 | House Committee Favorably Reported |
| 03/31/2008 | House Third Readers |
| 03/31/2008 | House Passed/Adopted |
| 04/04/2008 | Senate Agrees House Amend or Sub |
| 04/11/2008 | Senate Sent to Governor |
| 05/12/2008 | Senate Date Signed by Governor |
| 05/12/2008 | Act 529 |
| 07/01/2008 | Effective Date |
08 SB24/AP
Senate
Bill 24
By:
Senators Staton of the 18th, Shafer of the 48th, Chance of the 16th, Carter of
the 13th, Rogers of the 21st and others
AS
PASSED
AN
ACT
To
amend Article 6 of Chapter 9 of Title 16 of the Official Code of Georgia
Annotated, relating to computer systems security, so as to prohibit persons from
using the Internet or electronic mail to induce another to provide identifying
information by falsely representing themselves to be a business without the
authority or approval of such business; to provide definitions; to provide for
penalties and sanctions; to provide for immunity; to provide for related
matters; to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Article
6 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating
to computer systems security, is amended by adding a new Part 4 to read as
follows:
"Part
4
16-9-109.1.
(a)
As used in this part, the term:
(1)
'Electronic mail message' means a message sent to a unique destination, commonly
expressed as a string of characters, consisting of a unique user name or
mailbox, commonly referred to as the 'local part,' and a reference to an
Internet domain, commonly referred to as the 'domain part,' whether or not
displayed, to which an electronic message can be sent or delivered.
(2)
'Employer' includes a business entity´s officers, directors, parent
corporation, subsidiaries, affiliates, and other corporate entities under common
ownership or control within a business enterprise.
(3)
'Identifying information' means, with respect to an individual, any of the
following:
(A)
Social security number;
(B)
Driver´s license number;
(C)
Bank account number;
(D)
Credit card or debit card number;
(E)
Personal identification number or PIN;
(F)
Automated or electronic signature;
(G)
Unique biometric data;
(H)
Account password; or
(I)
Any other piece of information that can be used to access an individual´s
financial accounts or to obtain goods or services.
(4)
'Internet' shall have the meaning set forth in paragraph (10) of Code
Section 16-9-151.
(5)
'Web page' means a location that has a single uniform resource locator or other
single location with respect to the Internet.
(b)(1)
It shall be unlawful for any person with intent to defraud, by means of a web
page, electronic mail message, or otherwise through use of the Internet, to
solicit, request, or take any action to induce another person to provide
identifying information by representing himself, herself, or itself to be a
business without the authority or approval of such business.
(2)
It shall be unlawful for any person, with actual knowledge, conscious avoidance
of actual knowledge, or willfully, to possess with intent to use in a fraudulent
manner, sell, or distribute any identifying information obtained in violation of
paragraph (1) of this subsection.
(c)
Any person who intentionally violates subsection (b) of this Code section shall
be guilty of a felony and shall be punished by imprisonment for not less than
one nor more than 20 years, a fine of not less than $1,000.00 nor more than
$500,000.00, or both.
(d)(1)
No employer shall be held criminally liable under this Code section as a result
of any actions taken:
(A)
With respect to computer equipment used by its employees, contractors,
subcontractors, agents, leased employees, or other staff which the employer
owns, leases, or otherwise makes available or allows to be connected to the
employer´s network or other computer facilities when such equipment is used
for an illegal purpose without the employer´s knowledge, consent, or
approval; or
(B)
By employees, contractors, subcontractors, agents, leased employees, or other
staff who misuse an employer´s computer equipment for an illegal purpose
without the employer´s knowledge, consent, or approval.
(2)
No person shall be held criminally liable under this Code section when its
protected computers, computer equipment, or software product has been used by
unauthorized users to violate this Code section without such person´s
knowledge, consent, or approval.
(e)
This Code section shall not apply to a telecommunications provider´s or
Internet service provider´s good faith transmission or routing of, or
intermediate temporary storing or caching of, identifying
information.
(f)
No provider of an interactive computer service may be held liable in a civil
action under any law of this state, or any of its political subdivisions, for
removing or disabling access to content on an Internet website or other online
location controlled or operated by such provider, when such provider believes in
good faith that such content has been used to engage in a violation of this
part."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.