07 LC 29
2890S
The
House Committee on Judiciary Non-civil offers the following substitute to SB
24:
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 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."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.