Bill Text: NJ A2372 | 2012-2013 | Regular Session | Introduced
Bill Title: The "New Jersey Spam Deterrence Act."
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-02-06 - Introduced, Referred to Assembly Consumer Affairs Committee [A2372 Detail]
Download: New_Jersey-2012-A2372-Introduced.html
Sponsored by:
Assemblyman GORDON M. JOHNSON
District 37 (Bergen)
SYNOPSIS
The "New Jersey Spam Deterrence Act."
CURRENT VERSION OF TEXT
As introduced.
An Act concerning the transmission of certain commercial electronic mail and supplementing chapter 20 of Title 2C of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in this act:
"Act" means the "New Jersey Spam Deterrence Act."
"Commercial electronic mail message" means an electronic message sent primarily for the purpose of commercial advertisement or promotion of:
a. a commercial product;
b. a commercial service;
c. the content on an Internet website; or
d. a website operated for a commercial purpose.
"Domain name" means any alphanumeric designation that is registered with or assigned by a domain name registrar, domain name registry, or other domain name registration authority, as part of an electronic mail address on the Internet.
"Electronic mail service provider" means any person, including an Internet service provider, that is an intermediary in sending and receiving electronic mail and that provides to the public the ability to send or receive electronic mail to or from an electronic mail account or online user account.
"Header information" means the source, destination, and routing information attached to an electronic mail message, including the originating domain name and originating electronic mail address and any other information that appears in the line identifying or purporting to identify a person initiating the message, and technical information that authenticates the sender of an electronic mail message for network security or network management purposes.
"Initiate," when used with respect to a commercial electronic mail message, means to originate or transmit the message or to procure the origination or transmission of the message and does not include actions that constitute routine conveyance of such message.
"Internet" means the international computer network of both federal and nonfederal interoperable packet switched data networks.
"Internet protocol address" means the string of numbers by which a location on the Internet is identified by routers or other computers connected to the Internet.
"Internet service provider" means any business or organization qualified to do business in this State that provides individuals, corporations, or other entities with the ability to connect to the Internet through equipment that is located in this State.
"Materially falsify" means to alter or conceal in a manner that would impair the ability of one of the following to identify, locate, or respond to a person who initiated an electronic mail message or to investigate an alleged violation of this act:
a. a recipient of the message;
b. an Internet service provider processing the message on behalf of a recipient;
c. a person alleging a violation of this act; or
d. a law enforcement agency.
"Multiple" means:
a. more than 10 commercial electronic mail messages during a 24-hour period;
b. more than 100 commercial electronic mail messages during a 30-day period; or
c. More than 1,000 commercial electronic mail messages during a one-year period.
"Protected computer" means a computer used in intrastate or interstate communication.
"Routine conveyance" means the transmission, routing, relaying, handling, or storing, through an automatic technical process, of an electronic mail message for which another person has identified the recipients or provided the recipients' addresses.
2. A person shall not purposely or knowingly:
a. Use a protected computer of another to relay or retransmit multiple commercial electronic mail messages with the intent to deceive or mislead recipients or an electronic mail service provider as to the origin of the message;
b. Materially falsify header information in multiple commercial electronic mail messages and intentionally initiate the transmission of such messages;
c. Register, using information that materially falsifies the identity of the actual registrant, for 15 or more electronic mail accounts or on-line user accounts or two or more domain names and intentionally initiate the transmission of multiple commercial electronic mail messages from one or any combination of accounts or domain names; or
d. Falsely represent the right to use five or more Internet protocol addresses and intentionally initiate the transmission of multiple commercial electronic mail messages from the Internet protocol addresses.
3. a. A person who violates section 2 of this act is guilty of a crime of the fourth degree and upon conviction is subject to imprisonment not exceeding 18 months or a fine not exceeding $10,000, or both.
b. A person who violates section 2 of this act involving the transmission of more than 250 commercial electronic mail messages during a 24-hour period, 2,500 commercial electronic mail messages during any 30-day period, or 25,000 commercial electronic mail messages during any one-year period is guilty of a crime of the third degree and upon conviction is subject to imprisonment not exceeding five years or a fine not exceeding $15,000, or both.
c. A person who violates subsection c. or subsection d. of section 2 of this act involving 20 or more electronic mail accounts or 10 or more domain names and intentionally initiates the transmission of multiple commercial electronic mail messages from the accounts or using the domain names is guilty of a crime of the third degree and upon conviction is subject to imprisonment not exceeding five years or a fine not exceeding $15,000, or both.
d. A person who violates section 2 of this act that causes a loss of $500 or more during any one-year period is guilty of a crime of the fourth degree and upon conviction is subject to imprisonment not exceeding 18 months or a fine not exceeding $10,000, or both.
e. A person who violates section 2 of this act in concert with three or more other persons as the leader or organizer of the action that constitutes the violation is guilty of a crime of the third degree and upon conviction is subject to imprisonment not exceeding five years or a fine not exceeding $15,000, or both.
f. A person who violates section 2 of this act in furtherance of a crime, or who has previously been convicted of an offense under the laws of this State, another state, or under any federal law involving the transmission of multiple commercial electronic mail messages is guilty of a crime of the second degree and upon conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $150,000, or both.
4. In addition to any other sentence authorized by law, the Superior Court may direct that a person convicted of a violation of this act forfeit to the State:
a. Any moneys and other income, including all proceeds earned but not yet received by a defendant from a third party as a result of the defendant's violation of this act; and
b. All computer equipment, computer software, and personal property used in connection with a violation of this act known by the owner to have been used in violation of this act.
5. a. An action brought under this act shall be commenced within two years after the commission of the act.
b. The Attorney General may institute a civil action in the Superior Court against a person who violates this act to recover a civil penalty not exceeding:
(1) $25,000 per day of violation; or
(2) not less than $2 nor more than $8 per commercial electronic mail message initiated in violation of this act.
c. The Attorney General may seek an injunction in a civil action to prohibit a person who has engaged in or is engaged in a violation of this act from engaging in the conduct prohibited by this act.
d. The Attorney General may enforce criminal violations of this act.
6. Nothing in this act shall be construed to have any effect on the lawfulness of the adoption, implementation, or enforcement by an electronic mail service provider of a policy of declining to transmit, route, relay, handle, or store certain types of electronic mail messages under any other provision of law.
7. Nothing in this act shall prohibit, prevent or limit, in any manner, any registered user, electronic mail service provider, or Internet service provider from pursuing any other remedy available under any other applicable provision of law.
8. This act shall take effect on the 120th day after enactment.
STATEMENT
The bill prohibits a person from purposely or knowingly: 1) using a protected computer of another to relay or retransmit multiple commercial electronic mail ("e-mail") messages with the intent to deceive or mislead recipients or an e-mail service provider as to the messages' origin; 2) materially falsifying header information in multiple commercial e-mail messages and intentionally initiating the transmission of the messages; 3) registering, using false information, for 15 or more e-mail accounts or online user accounts or two or more domain names and intentionally initiating the transmission of multiple commercial e-mail messages from one or any combination of accounts or domain names; or 4) falsely representing the right to use five or more Internet protocol addresses and intentionally initiating the transmission of multiple commercial e-mail messages from the Internet protocol addresses. Under the bill, "multiple" means: (1) more than 10 commercial e-mail messages during a 24-hour period; (2) more than 100 commercial e-mail messages during a 30-day period; or (3) more than 1,000 commercial e-mail messages during a one-year period. A "protected computer" means a computer used in intrastate or interstate communication.
Violation of the bill's provisions is generally a crime of the third degree with maximum penalties of up to five years' imprisonment and/or a $15,000 fine, or a crime of the fourth degree with maximum penalties of up to 18 month's imprisonment and/or a $10,000 fine, except that violation of provisions by a person who has previously been convicted of an offense involving the transmission of multiple commercial e-mail messages is a crime of the second degree subject to maximum penalties of 10 years' imprisonment and/or a $150,000 fine.
In addition, the Superior Court may direct a person convicted of violating the bill to forfeit to the State: (1) any money and other income received as a result of the person's violation; and (2) all computer equipment, software, and other personal property known by the owner to have been used in connection with a violation.
The Attorney General may institute a civil action against a violator to recover for the State a civil penalty of up to: (1) $25,000 per day of the violation; or (2) from $2 to $8 per commercial e-mail message initiated in violation of the bill. The Attorney General may also seek an injunction to prohibit further violation of the bill. A civil action or an action enforcing criminal violations must be brought within two years after the commission of the violation.
