Unsolicited bulk electronic mail (spam); penalty. (HB1797)

Introduced By

Del. Manoli Loupassi (R-Richmond)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Unsolicited bulk electronic mail (spam); penalty. Creates a Class 1 misdemeanor for (1) the use of a computer or computer network to transmit, with the intent to falsify or forge electronic mail transmission information or other routing information, unsolicited bulk electronic mail (spam) through or into the computer network of an EMSP that has implemented anti-spam security measures; or (2) knowingly selling, giving, or otherwise distributing or possessing 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 the transmission information or other routing information of spam in an effort to bypass anti-spam security measures of an EMSP; (ii) has only limited commercially significant purpose or use other than to facilitate or enable the falsification of the transmission information or other routing information of spam; or (iii) is marketed by that person acting alone or with another for use in facilitating or enabling the falsification of the transmission information or other routing information of spam.

A person is guilty of a Class 6 felony if, in addition to the Class 1 misdemeanor offense, (i) the volume of spam transmitted exceeded 10,000 attempted recipients in any 24-hour time period, 100,000 attempted recipients in any 30-day time period, or one million attempted recipients in any one-year time period; or (ii) the revenue generated from a specific spam transmission exceeded $1,000 or the total revenue generated from all spam transmitted through any EMSP exceeded $50,000. This bill parallels the existing spam law but adds provisions requiring that a person bypass an anti-spam security measure implemented by an EMSP to be culpable for the offense. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
01/09/2009Committee
01/09/2009Prefiled and ordered printed; offered 01/14/09 095808606
01/09/2009Referred to Committee for Courts of Justice
01/15/2009Impact statement from VCSC (HB1797)
01/28/2009Assigned Courts sub: Criminal
01/28/2009Subcommittee recommends striking from the docket
02/10/2009Left in Courts of Justice