07 LC 21
9154(SCS)
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 SENATE
A
BILL TO BE ENTITLED
AN ACT
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.
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)
'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.
(3)
'Interactive computer service' means an information service or system that
enables computer access by multiple users to a computer server, including,
specifically, a service or system that provides access to the Internet or to
software services available on a server, and such systems operated or services
offered by a library or educational institution.
(4)
'Internet' shall have the meaning as defined 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)
No person shall, with actual knowledge, conscious avoidance of actual knowledge,
or willfully, 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, upon conviction thereof, shall be sentenced to serve
not less than one nor more than 20 years in prison or to pay a fine of not less
than $1,000.00 nor more than $500,000.00, or both.
(d)
The following persons may bring an action against a person who violates or is in
violation of subsection (b) of this Code section:
(1)
Any person who is engaged in the business of providing Internet access service
to the public, owns a web page, or owns a trademark and is adversely affected by
a violation of subsection (b) of this Code section. An action brought under
this paragraph may seek to recover the greater of actual damages or $500,000.00;
or
(2)
An individual who is adversely affected by a violation of subsection (b) of this
Code section, but only against a person who has directly violated subsection (b)
of this Code section. An action brought under this paragraph may seek to enjoin
further violations of subsection (b) of this Code section and to recover the
greater of three times the amount of actual damages or $5,000.00 for each
violation.
(e)
The Attorney General or a district attorney may bring an action against a person
who violates or is in violation of subsection (b) of this Code section to enjoin
further violations of subsection (b) of this Code section and to recover a civil
penalty not to exceed $2,500.00 for each violation.
(f)
In a civil action pursuant to subsection (d) of this Code section, a court may,
in addition to the remedies provided in such subsection, increase the
recoverable damages to an amount up to three times the damages otherwise
recoverable under subsection (d) of this Code section in cases in which the
defendant has engaged in a pattern and practice of violating subsection (b) of
this Code section or award costs of the action and reasonable attorney´s
fees to a prevailing plaintiff, or both.
(g)
The remedies provided in this Code section do not preclude the seeking of any
other remedies, including criminal remedies, under any other applicable
provision of law.
(h)
For purposes of subsection (d) of this Code section, multiple violations of
subsection (b) of this Code section resulting from any single action or conduct
shall constitute one violation.
(i)(1)
For the purposes of this subsection, the term '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. No employer may be held criminally or civilly 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 or civilly 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 or other laws without
such person´s knowledge, consent, or approval.
(j)
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."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.