Report Title:
Bulk Electronic Mail; Penalties
Description:
Establishes the transmission of bulk electronic mail as a misdemeanor.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
476 |
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TWENTY-THIRD LEGISLATURE, 2005 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to bulk electronic mail.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The internet industry estimates that up to forty-five per cent of all electronic mail is high volume unsolicited bulk electronic mail or "spam". The volume of spam is expected to double in the next six months and would cost businesses in the United States more than $10,000,000,000 this year and $4,000,000,000 in lost productivity.
Besides these costs, spam is a problem for internet service providers, who, despite constant efforts to police spam, continue to lose customers due to spam.
The purpose of this Act is to establish the transmission of unsolicited bulk electronic mail as a misdemeanor to ensure that the most egregious offenders do not engage in this activity.
SECTION 2. Chapter 708, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§708- Transmission of unsolicited bulk electronic mail. (1) A person commits the offense of transmission of unsolicited bulk electronic mail if the person:
(a) Uses a computer or computer network with the intent to falsify or forge electronic mail transmission information or other routing information in any manner in connection with the transmission of unsolicited bulk electronic mail through or into the computer network of an electronic mail service provider or its subscribers; or
(b) Knowingly sells, gives, or otherwise distributes or possesses with the intent to sell, give, or distribute software that:
(i) Is primarily designed or produced for the purpose of facilitating or enabling the falsification of electronic mail transmission information or other routing information;
(ii) Has only limited commercially significant purpose or use other than to facilitate or enable the falsification of electronic mail transmission information or other routing information; or
(iii) Is marketed by that person acting alone or with another for use in facilitating or enabling the falsification of electronic mail transmission information or other routing information.
(2) As used in this section,
"Bulk electronic mail" means the following:
(a) The volume of electronic mail that is transmitted exceeds:
(i) Ten thousand attempted recipients in any twenty-four-hour period;
(ii) One hundred thousand attempted recipients in any thirty-day time period; or
(iii) One million attempted recipients in any one-year time period; or
(b) The revenue generated from a specific unsolicited bulk electronic mail transmission exceeded $1,000, or the total revenue generated from all unsolicited bulk electronic mail transmitted to any electronic mail service provider exceeded $50,000.
"Electronic mail service provider" means any person who is an intermediary in sending or receiving electronic mail and who provides to end-users of electronic mail services the ability to send or receive electronic mail.
(3) The transmission of unsolicited bulk electronic mail is a misdemeanor; provided that the court shall impose a fine equal to $1 per each recipient to whom electronic mail is attempted to be transmitted."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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