AN ACT PROHIBITING INTERNET MISREPRESENTATION OF BUSINESS AFFILIATION.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective from passage) (a) For the purposes of this section, unless the context otherwise requires:

(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 an individual's piece of information that can be used to access an individual's financial accounts or to obtain goods or services and that includes an individual's Social Security number, operator's license number, bank account number, credit or debit card number, personal identification number, automated or electronic signature, unique biometric data, and account passwords;

(3) "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 or Internet protocol or any predecessor or successor protocols to such protocol to communicate information of all kinds by wire or radio; and

(4) "Web page" means a location with respect to the worldwide web that has a single uniform resource locator or other single location with respect to the Internet.

(b) No person shall, by means of a web page or electronic mail, 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 on-line business without the authority or approval of the on-line business.

(c) The Attorney General, or a person who either is engaged in the business of providing Internet access service to the public or owns a web page or trademark and who is adversely affected by reason of a violation of this section, may bring an action against a person who violates this section to: (1) Enjoin further violations of this section, and (2) recover the greater of actual damages or five hundred thousand dollars for each separate violation of this section.

(d) In an action under this section, the court may increase a damage award to an amount equal to not more than three times the amount otherwise available under this section if the court determines that the defendant has engaged in a pattern and practice of violating this section. The Attorney General may also recover reasonable attorney's fees and costs.

(e) For the purposes of this section, multiple violations of this section resulting from any single action or act shall constitute one violation.

(f) Any person who violates this section shall be fined not more than five thousand dollars or imprisoned not less than one year nor more than five years, or both.