Bill Text: NY S04843 | 2013-2014 | General Assembly | Amended
Bill Title: Establishes the secure digital mail communications act of 2014.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2014-05-29 - referred to governmental operations [S04843 Detail]
Download: New_York-2013-S04843-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4843--A
2013-2014 Regular Sessions
I N S E N A T E
April 26, 2013
___________
Introduced by Sens. LATIMER, CARLUCCI, GOLDEN -- read twice and ordered
printed, and when printed to be committed to the Committee on Energy
and Telecommunications -- recommitted to the Committee on Energy and
Telecommunications in accordance with Senate Rule 6, sec. 8 -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee
AN ACT to amend the state technology law, in relation to digital mail
communications
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "secure digital mail communications act of 2014".
3 S 2. The state technology law is amended by adding a new article 5 to
4 read as follows:
5 ARTICLE V
6 SECURE DIGITAL MAIL COMMUNICATIONS
7 SECTION 501. DEFINITION.
8 502. COMPLIANCE WITH STATUTORILY MANDATED COMMUNICATIONS.
9 503. REQUIREMENTS FOR DIGITAL MAIL DELIVERY SERVICE.
10 504. RULES AND REGULATIONS.
11 S 501. DEFINITION. AS USED IN THIS ARTICLE "DIGITAL MAIL DELIVERY
12 SERVICE" MEANS A SERVICE THAT (A) EMPLOYS SECURITY PROCEDURES TO
13 PROVIDE, SEND, DELIVER OR OTHERWISE COMMUNICATE ELECTRONIC RECORDS TO
14 THEIR INTENDED RECIPIENTS BY MEANS THAT UTILIZE (I) SECURITY METHODS
15 SUCH AS PASSWORDS, ENCRYPTION AND MATCHING AN ELECTRONIC ADDRESS TO A
16 PERSON'S PHYSICAL U.S. POSTAL ADDRESS, OR (II) OTHER SECURITY METHODS
17 THAT ARE CONSISTENT WITH APPLICABLE LAW OR INDUSTRY STANDARDS; AND (B)
18 OPERATES SUBJECT TO OTHERWISE APPLICABLE REQUIREMENTS OF THE ELECTRONIC
19 SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT OR THE UNIFORM ELECTRONIC
20 TRANSACTIONS ACT ALLOWING INFORMATION TO BE PROVIDED, SENT, DELIVERED OR
21 OTHERWISE COMMUNICATED BY OR FROM A GOVERNMENT AGENCY, GOVERNMENT OFFI-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09720-02-4
S. 4843--A 2
1 CIAL OR ANY PERSON ACTING WITH OFFICIAL GOVERNMENT AUTHORITY TO A PERSON
2 IN THE FORM OF AN ELECTRONIC RECORD.
3 S 502. COMPLIANCE WITH STATUTORILY MANDATED COMMUNICATIONS. ANY LAW
4 REQUIRING A GOVERNMENT AGENCY, GOVERNMENT OFFICIAL OR ANY PERSON ACTING
5 WITH OFFICIAL GOVERNMENT AUTHORITY TO COMMUNICATE WITH PERSONS IN WRIT-
6 ING OR BY MAIL OR THE LIKE MAY BE SATISFIED BY USE OF A SECURE DIGITAL
7 MAIL DELIVERY SERVICE.
8 S 503. REQUIREMENTS FOR DIGITAL MAIL DELIVERY SERVICE. FOR THE
9 PURPOSES OF THIS ARTICLE, A DIGITAL MAIL DELIVERY SERVICE SHALL:
10 (A) ALLOW RECIPIENTS OF COMMUNICATIONS TO OPT-INTO RECEIVING DIGITAL
11 MAIL DELIVERY FROM EACH ENTITY FROM A LIST OF PUBLIC OR COMMERCIAL ENTI-
12 TIES, INCLUDING BUSINESSES AND PUBLIC OR GOVERNMENT AGENCIES;
13 (B) SATISFY ALL EXISTING PRIVACY AND SECURITY REQUIREMENTS FOR THE
14 COMMUNICATION THAT IS BEING SENT;
15 (C) PROVIDE THE SENDER WITH A DELIVERY LOG AND AUDIT CAPABILITY WHEN
16 PROOF OF MAILING OR PROOF OF DELIVERY IS REQUIRED; AND
17 (D) USE AT LEAST TWO DIFFERENT SOURCES OF VERIFICATION TO ENSURE THE
18 IDENTITY OF THE SUBSCRIBER AND THE CURRENT PHYSICAL ADDRESS OF THE
19 SUBSCRIBER.
20 S 504. RULES AND REGULATIONS. THE DIRECTOR SHALL PROMULGATE RULES AND
21 REGULATIONS NECESSARY TO EFFECTUATE THE PURPOSES OF THIS ARTICLE.
22 S 3. This act shall take effect on the one hundred twentieth day after
23 it shall have become a law. Effective immediately, the addition, amend-
24 ment and/or repeal of any rules or regulations necessary for the imple-
25 mentation of this act on its effective date are authorized to be made on
26 or before such date.
