Chapter 628

2006 -- H 6838 AS AMENDED

Enacted 07/14/06

A N A C T

RELATING TO COMMERCIAL LAW -- GENERAL REGULATORY PROVISIONS --

ELECTRONIC MAIL FRAUD

Introduced By: Representatives Kennedy, Lewiss, Lally, Shanley, and E Coderre

Date Introduced: January 18, 2006

It is enacted by the General Assembly as follows:

     SECTION 1. Title 6 of the General Laws entitled "Commercial Law - General

Regulatory Provisions" is hereby amended by adding thereto the following chapter:

CHAPTER 49

ELECTRONIC MAIL FRAUD

6-49-1. Short title. – This chapter shall be known and may be cited as the "Electronic

Mail Fraud Regulatory Act."

6-49-2. Legislative findings. – It is hereby found and declared as follows:

Consumers are bombarded with electronic communications, often times in a fraudulent

attempt to solicit personal and private information. In the interest of protecting the citizens of

Rhode Island, it is imperative that the general assembly establish safeguards against such

practices. Notwithstanding any provision of the general or public law, rule or regulation, the

general assembly shall establish regulations pertaining to the prevention of electronic mail fraud.

6-49-3. Definitions. – For the purpose of this chapter, the following words and phrases

shall have the following meanings:

(1) "Assist the transmission" means actions taken by a person to provide substantial

assistance or support which enables any person to formulate, compose, send, originate, initiate or

transmit a commercial electronic mail message or a commercial electronic text message when the

person providing the assistance knows that the initiator of the commercial electronic mail

message or the commercial electronic text message is engaged, or intends to engage, in any

practice that violates the consumer protection act.

(2) "Commercial electronic mail message" means an electronic mail message sent for the

purpose of promoting real property, goods or services for sale or lease. It does not mean an

electronic mail message to which an interactive computer service provider has attached an

advertisement in exchange for free use of an electronic mail account, when the sender has agreed

to such an arrangement.

(3) "Commercial electronic text message" means an electronic text message sent to

promote real property, goods or services for sale or lease.

(4) "Electronic mail address" means a destination, commonly expressed as a string of

characters, to which electronic mail may be sent or delivered.

(5) "Electronic mail message" means an electronic message sent to an electronic mail

address and a reference to an internet domain, whether or not displayed, to which an electronic

mail message can be sent or delivered.

(6) "Electronic text message" means a text message sent to a cellular telephone or pager

equipped with short message service or any similar capability, whether the message is initiated as

a short message service message or as an electronic mail message.

(7) "Initiate the transmission" refers to the action by the original sender of an electronic

mail message or an electronic text message, not to the action by any intervening interactive

computer service or wireless network that may handle or retransmit the message, unless such

intervening interactive computer service assists in the transmission of an electronic mail message

when it knows that the person initiating the transmission is engaged, or intends to engage, in any

act or practice that violates the consumer protection act.

(8) "Interactive computer service" means any information service, system or access

software provider that provides or enables computer access by multiple users to a computer

server, including specifically a service or system that provides access to the internet and such

systems operated or services offered by libraries or educational institutions.

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

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

wide network of networks that employ the transmission control protocol/internet protocol or any

predecessor or successor protocols to such protocol, to communicate information of all kinds by

wire or radio.

(10) "Internet domain name" refers to globally unique, hierarchical reference to an

Internet host or service, assigned through centralized internet naming authorities, comprising a

series of character strings separated by periods, with the right-most string specifying the top of

the hierarchy.

(11) "Person" means a person, corporation, partnership or association.

(12) "Personally identifying information" means 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;

(h) account passwords; or (i) any other piece of information that can be used to access an

individual's financial accounts or to obtain goods or services.

(13) "Web page" means a location, with respect to the world wide web, that has a single

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

6-49-4. Prohibited activity. – No person may solicit, request or take any action to

induce another person to provide personally identifying information by means of a web page,

electronic mail message or otherwise using the Internet in a manner as previously defined in

section 6-48.1-3, by representing oneself, either directly or by implication, to be a business or

individual, without the authority or approval of such business or individual. No person may

conspire with another person to engage in any act that violates the provisions of this chapter.

6-49-5. Damages. – (a) Damages to a consumer resulting from the practices prohibited

by this chapter are up to five hundred dollars ($500) per violation, or actual damages, whichever

is greater.

(b) A person engaged in the business of providing internet access service to the public, an

owner of a web page, or trademark owner who is adversely affected by reason of a violation of

this chapter, may bring an action against a person who violates this chapter to:

(1) Enjoin further violations of this chapter; and

(2) Recover the greater of actual damages or five thousand dollars ($5,000) per violation

of this chapter.

(c) The court may increase the damages up to three (3) times the damages allowed by this

section if the defendant has engaged in a pattern and practice of violating this chapter. The court

may award costs and reasonable attorneys' fees to a prevailing party.

6-49-6. Severability. – If any of the provisions of this chapter, or the application of any

provision to any person or circumstance, shall be held invalid, the remainder of this chapter, or

the application of the provisions to persons or circumstances other than those to which it is held

invalid, shall not be affected thereby.

     SECTION 2. This act shall take effect upon passage.

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LC00413

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