Senate Bill sb1084

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    Florida Senate - 2004                                  SB 1084

    By Senator Geller





    31-732-04

  1                      A bill to be entitled

  2         An act relating to unsolicited bulk electronic

  3         mail; prohibiting the fraudulent use of a

  4         computer or computer network to transmit

  5         unsolicited bulk electronic mail; prohibiting

  6         the sale, distribution, or possession of

  7         software designed to facilitate the

  8         falsification of information concerning the

  9         transmission of electronic mail; providing

10         criminal penalties; providing enhanced

11         penalties based on the volume of electronic

12         mail transmitted or the amount of revenue

13         generated in violation of the act; providing an

14         effective date.

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16  Be It Enacted by the Legislature of the State of Florida:

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18         Section 1.  Use of fraudulent means to transmit

19  unsolicited bulk electronic mail prohibited; penalty.--

20         (1)  A person may not:

21         (a)  Use a computer or computer network with the intent

22  to falsify or forge electronic mail transmission information

23  or other routing information in any manner for the purpose of

24  transmitting unsolicited bulk electronic mail through or into

25  the computer network of an electronic mail service provider or

26  its subscribers.

27         (b)  Knowingly sell, give, distribute, or possess with

28  the intent to sell, give, or distribute software that:

29         1.  Is primarily designed or produced for the purpose

30  of facilitating or enabling the falsification of electronic

31  mail transmission information or other routing information;

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    Florida Senate - 2004                                  SB 1084
    31-732-04




 1         2.  Has only limited commercially significant purpose

 2  or use other than to facilitate or enable the falsification of

 3  electronic mail transmission information or other routing

 4  information; or

 5         3.  Is marketed by that person acting alone or with

 6  another for use in facilitating or enabling the falsification

 7  of electronic mail transmission information or other routing

 8  information.

 9         (2)  A person who violates paragraph (1)(a) or

10  paragraph (1)(b) commits a misdemeanor of the first degree,

11  punishable as provided in section 775.082 or section 775.083,

12  Florida Statutes.

13         (3)  It is a felony of the third degree, punishable as

14  provided in section 775.082, section 775.083, or section

15  775.084, Florida Statutes, if a person violates paragraph

16  (1)(a) or paragraph (1)(b) and:

17         (a)  The volume of unsolicited bulk electronic mail

18  transmitted in connection with the offense exceeds 10,000

19  attempted recipients in any 24-hour period; 100,000 attempted

20  recipients in any 30-day period; or 1 million attempted

21  recipients in any 1-year period; or

22         (b)  The revenue generated in connection with the

23  offense from a specific unsolicited bulk electronic

24  transmission exceeds $1,000 or the total revenue generated in

25  connection with the offense from all unsolicited bulk

26  electronic mail transmitted to any electronic mail service

27  provider exceeds $50,000.

28         (4)  Any person who knowingly hires, employs, uses, or

29  permits any minor to assist in a violation of paragraph (1)(a)

30  or paragraph (1)(b) commits a felony of the third degree,

31  

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    Florida Senate - 2004                                  SB 1084
    31-732-04




 1  punishable as provided in section 775.082, section 775.083, or

 2  section 775.084, Florida Statutes.

 3         Section 2.  This act shall take effect July 1, 2004.

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 6                          SENATE SUMMARY

 7    Prohibits the use of fraudulent information to transmit
      unsolicited bulk electronic mail. Prohibits the sale,
 8    distribution, or possession of software designed to
      enable the falsification of electronic mail transmission
 9    information. Provides criminal penalties. (See bill for
      details.)
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