OFFICE OF FISCAL ANALYSIS

Legislative Office Building, Room 5200

Hartford, CT 06106 ¯ (860) 240-0200

http: //www. cga. ct. gov/ofa

sSB-566

AN ACT CONCERNING ELECTRONIC MAIL MESSAGE PHISHING.

OFA Fiscal Note

State Impact:

Note: GF=General Fund

Municipal Impact: None

Explanation

The bill makes it a crime, punishable by a fine of up to $5,000 and/or five years' imprisonment, for any person to use the Internet or electronic mail messaging to induce another person to provide identifying information by representing that the person is an on-line Internet business, without the authority or approval of such on-line Internet business (electronic mail message phishing). To the extent that offenders are subject to incarceration or probation supervision in the community as a result of the bill, a potential cost to criminal justice agencies exists. On average, it costs the state $2,150 to supervise an offender on probation in the community as compared to $35,040 to incarcerate the offender (note that both figures include fringe benefits). There is a potential revenue gain associated with criminal fines.

The bill authorizes the Attorney General to bring a civil action to enforce the provisions of the bill. As this provision is permissive, it is anticipated that any such enforcement measures could be accommodated within budgeted resources.

The bill grants any person aggrieved by a violation of the bill permission to bring a civil action in superior court to recover actual damages or $25,000, whichever is greater, for each violation, and provides for the awarding of punitive damages. The number of civil cases resulting from this provision is anticipated to be small relative to the overall caseload of the Judicial Department and therefore could be accommodated within budgeted resources.

The Out Years

State Impact:

Note: GF=General Fund

Municipal Impact: None