OLR Bill Analysis

sSB 566

AN ACT CONCERNING ELECTRONIC MAIL MESSAGE PHISHING.

SUMMARY:

This bill prohibits using the Internet or an e-mail message to solicit or induce another to provide identifying information by pretending to be an on-line Internet business without the business's authorization.

The bill authorizes the attorney general or anyone aggrieved by a violation to sue to enforce it and restrain further violations. The court may award actual damages or $ 25,000, whichever is greater, for each violation. It may triple the damage award if it determines that the defendant has engaged in a pattern and practice of violations.

Under the bill, an Internet service provider is not liable for identifying, removing, or disabling access to a web page or other on-line location that it believes in good faith is being used to violate the prohibition.

A violation is also a class D felony, punishable by one to five years imprisonment, a fine of up to $ 5,000, or both. Multiple violations committed in the course of a single act constitute a single violation for purposes of the criminal penalty.

EFFECTIVE DATE: October 1, 2006

DEFINITIONS

E-Mail Messages

The bill defines “e-mail message” as a message sent to a unique destination consisting of a unique user name or mailbox and a reference to an Internet domain, whether or not displayed, to which the message can be sent.

Identifying Information

The bill defines “identifying information” as specific details that can be used to access a person's financial accounts or to obtain goods or services. It can include a Social Security number, driver's license number, bank account number, credit or debit card number, personal identification number, automated or electronic signature, unique biometric data, or account password.

BACKGROUND

Related Bill

HB 5596 prohibits the same conduct. It permits a court to award the greater of actual damages or $ 500,000 for each violation and has similar criminal penalty. It does not provide immunity to an Internet service provider when it identifies, removes, or disables access to a web page or on-line location that it believes in good faith is being used to violate the prohibition.

COMMITTEE ACTION

General Law Committee

Joint Favorable Substitute