Chapter 558

2006 -- H 7674

Enacted 07/10/06

A N A C T

RELATING TO CRIMINAL OFFENSES

Introduced By: Representatives Church, Picard, Corvese, Pacheco, and Schadone

Date Introduced: February 16, 2006

It is enacted by the General Assembly as follows:

     SECTION 1. Title 11 of the General Laws entitled "CRIMINAL OFFENSES" is hereby

amended by adding thereto the following chapter:

CHAPTER 52.1

INTERNET MISREPRESENTATION OF BUSINESS AFFILIATION ACT

11-52.1-1. Short title. – This chapter shall be known and may be cited as the "Internet

Misrepresentation of Business Affiliation Act."

11-52.1-2. Definitions. – The following definitions apply to this section:

(1) "Electronic mail message" means a message sent to a unique destination that consists

of a unique user name or mailbox and a reference to an Internet domain, whether or not

displayed, and to which an electronic mail message can be sent or delivered.

(2) "Identifying information" means a piece of information that can be used to access an

individual's financial account or to obtain goods or services, and includes an individual's:

(a) Social security number;

(b) Driver's license number;

(c) Bank account number;

(d) Credit or debit card number;

(e) Personal identification number;

(f) Automated or electronic signature;

(g) Unique biometric data; or

(h) Account password.

(3) "Internet" means, collectively, the myriad of computer and telecommunications

facilities, including equipment and operating software, that comprise the interconnected

worldwide network of networks that employ the transmission control protocol or Internet

protocol, or any predecessor or successor protocols to such protocol, to communicate information

of all kinds by wire or radio.

(4) "Person" shall include any individual, partnership, association, corporation, limited

liability company, joint venture or any other type of entity.

(5) "Web page" means allocation with respect to the worldwide web that has a single

uniform resource locator or other single location with respect to the Internet.

11-52.1-3. Prohibition. – A person shall not, by means of a webpage or electronic mail

message or otherwise, using the Internet, solicit, request or take any action to induce another

person to provide identifying information by representing that the person, either directly or by

implication, is an online business without the express authority or approval of the online business

purported to be represented by the person.

11-52.1-4. Penalties. – (a) Any person who is convicted of a violation of this chapter

shall, upon conviction, be guilty of a felony punishable by imprisonment for not more than five

(5) years, or a fine of not more than five thousand dollars ($5,000) per offense, or both.

11-52.1-5. Civil action. – (a) The attorney general, or any person who either is engaged

in the business of providing Internet access service to the public or owns a webpage or trademark

and is adversely affected by reason of a violation of the chapter, may bring a civil action against a

person who violates this chapter in order to:

(1) enjoin further violations of this chapter; and

(2) recover the greater of: (i) the actual damages incurred as a result of such violation(s);

or (ii) five hundred thousand dollars ($500,000) for each violation of this chapter.

(b) In any action brought pursuant to this section, the court may increase the damage

award to an amount equal to not more than three (3) times the amount otherwise available under

this section, if the court determines that the violating party has engaged in a pattern and practice

of violating this chapter. The attorney general or other aggrieved party may also recover

reasonable attorneys' fees and costs, and any other relief that the court deems appropriate.

(c) For purposes of this chapter, multiple violations resulting from any single action shall

constitute one violation.

(d) A 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 way as to protect the secrecy and security

of the information involved in order to prevent possible recurrence of the same or a similar act by

another person and to protect any trade secrets of any party.

(e) The provisions of this section shall not be construed to limit any person's right to

pursue any additional civil remedy otherwise allowed by law.

     SECTION 2. This act shall take effect upon passage.

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LC02360

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