Commercial electronic mail.

WORKING DRAFT
2008
STATE OF
WYOMING
08LSO-0371

HOUSE BILL
NO.
HB0146

Commercial electronic mail
.

Sponsored by:
Representative(s) Lubnau

A BILL

for

AN ACT relating to electronic mail; providing a cause of action against a person who sends commercial electronic mail as specified; creating the crime of electronic mail fraud; providing penalties; providing definitions; and providing for an effective date.

Be It Enacted by the Legislature of the State of
Wyoming
:

Section 1.
W.S. 6
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3
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506 and 40
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12
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405 are created to read:

6
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3
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506.

Electronic mail fraud.

(a)

A person commits the crime of electronic mail fraud if he
knowingly:

(i)

A
ccesses a computer without authorization, and intentionally initiates the transmission of multiple commercial electronic mail messages from or through such computer;

(ii)

Uses a computer to relay or retransmit multiple commercial electronic mail messages,
intentionally and knowingly to deceive
recipients, or any service provider
as defined in W.S. 40
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12
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401(a)(viii)
, as to the origin of such messages;

(iii)

Materially falsifies information in the subject line in multiple commercial electronic mail messages and intentionally initiates the transmission of such messages;

(iv)

Registers, using information that materially falsifies the identity of the actual registrant, for five (5) or more electronic mail accounts or online user accounts or two (2) or more domain names, and intentionally initiates the transmission of multiple commercial electronic mail messages from any combination of such accounts or domain names; or

(v)

Falsely represents himself to be the registrant or the legitimate successor in interest to the registrant of five (5) or more internet addresses, and intentionally initiates the transmission of multiple commercial electronic mail messages from such addresses, or conspires to do so.

(b)

Electronic mail fraud is a misdemeanor punishable by imprisonment for not more than six (6) months, a fine of not more than seven hundred fifty dollars ($750.00), or both. A second conviction within two (2) years after a conviction for a violation of this section is a felony punishable by imprisonment for not more than three (3) years, a fine of not more than ten thousand dollars ($10,000.00), or both.

(c)

This section shall not apply to a service provider as defined in W.S. 40
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12
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401(a)(viii) who does not initiate or assist in the transmission of the commercial electronic mail message as provided by W.S. 40
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12
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402(c).

40
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12
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405.

Civil actions permitted; limited immunity.

(a)

In the case of any violation of this article, a service provider whose network or facilities were used in the transmission or attempted transmission of a commercial electronic mail message may file a civil action in the district court of the county in which a commercial electronic mail message that violates this article has been received or in the district court of Laramie county, Wyoming and may, upon proof of such violation, recover such sums as are allowed under this section.

(b)

In an action under this section, if the service provider prevails, the provider shall be entitled to:

(i)

Actual damages;

(ii)

Statutory damages in the amount of one thousand dollars ($1,000.00) for each commercial electronic mail message transmitted in violation of this section, except that the total amount of statutory damages awarded against a single defendant based on one (1) transaction or occurrence shall not exceed ten million dollars ($10,000,000.00);

(iii)

Attorney fees as provided in W.S. 40
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12
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403(c).

(c)

At the request of any party to an action brought pursuant to this section, the court may, in its discretion, conduct all legal proceedings in such a manner as to protect the secrecy and security of any computer, computer network, computer data or computer software involved in order to prevent possible recurrence of the same or similar conduct by another person and to protect the trade secrets of any party.

(d)

Service providers that adopt and implement terms, conditions or technical measures with the intent to prevent or prohibit the origination or transmission of commercial electronic mail messages that violate this section shall be immune from civil liability for the adoption or implementation of any such measures. No provisions of this article shall be construed to create any liability for services providers that adopt and implement terms, conditions or technical measures with the intent to prevent or prohibit the origination or transmission of commercial electronic mail messages that violate this section or for the mere transmission of an electronic message over the service provider's computer network or facilities.

(e)

This section shall not be construed to require any service provider to carry or deliver any electronic mail merely because a sender complies with the provisions of this article.

(f)

The remedies provided by this section are not exclusive and shall not preclude the imposition of any other relief or criminal penalties provided by law.

(g)

An act of electronic mail fraud committed on a computer located in th
is
state, or by use of an e-mail address principally located in this state shall constitute a submission to the jurisdiction of the courts of the state of
Wyoming
.

Section 2.
W.S. 40
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12
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403(a)(intro) is amended to read:

40
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403.

Investigation of complaints; enforcement; attorney's fees.

(a)

The enforcing authority shall investigate any complaints received concerning violations of this article. If, after investigating any complaint, the enforcing authority finds that there has been a violation of this article, the enforcing authority may bring an action to impose a civil penalty and to seek other relief, including injunctive relief. The civil penalty imposed shall be
as follows:
one thousand dollars ($1,000.00) for each commercial electronic mail message transmitted in violation of this
article
, except that the total amount of statutory damages awarded against a single defendant based on one (1) transaction or occurrence shall not exceed ten million dollars ($10,000,000.00).

Section 3.
W.S. 40
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403(a)(i) through (iii) is repealed.

Section 4.
This act is effective July 1, 2008.

(END)

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HB0146