MISSISSIPPI LEGISLATURE
2005 Regular Session
To: Judiciary B
By: Representative Fleming
AN ACT TO PROHIBIT THE USE OF COMPUTERS WITH THE INTENT TO FALSIFY OR FORGE ELECTRONIC MAIL TRANSMISSION INFORMATION OR OTHER ROUTING INFORMATION OR THE SALE OR DISTRIBUTION OF SOFTWARE FOR SUCH PURPOSES; TO PROVIDE PENALTIES FOR VIOLATIONS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. (1) Any person who:
(a) Uses a computer or computer network with the intent to falsify or forge electronic mail transmission information or other routing information in any manner in connection with the transmission of unsolicited bulk electronic mail through or into the computer network of an electronic mail service provider or its subscribers; or
(b) Knowingly sells, gives, or otherwise distributes or possesses with the intent to sell, give, or distribute software that (i) is primarily designed or produced for the purpose of facilitating or enabling the falsification of electronic mail transmission information or other routing information; (ii) has only limited commercially significant purpose or use other than to facilitate or enable the falsification of electronic mail transmission information or other routing information; or (iii) is marketed by that person acting alone or with another for use in facilitating or enabling the falsification of electronic mail transmission information or other routing information is guilty of a misdemeanor and, upon conviction, shall be fined not more than One Thousand Dollars ($1,000.00) or imprisoned in the county jail for not more than one (1) year, or both.
(2) A person is guilty of a felony if he commits a violation of subsection (1) and:
(a) The volume of unsolicited bulk electronic mail transmitted exceeded ten thousand (10,000) attempted recipients in any twenty-four-hour period, one hundred thousand (100,000) attempted recipients in any thirty-day time period, or one million (1,000,000) attempted recipients in any one-year time period;
(b) The revenue generated from a specific unsolicited bulk electronic mail transmission exceeded One Thousand Dollars ($1,000.00) or the total revenue generated from all unsolicited bulk electronic mail transmitted to any electronic mail service provider exceeded Fifty Thousand Dollars ($50,000.00); or
(c) Any person convicted of a violation of this subsection shall be fined not more than Five Thousand Dollars ($5,000.00) or imprisoned in the State Penitentiary for not more than five (5) years, or both.
(3) A person is guilty of a felony if he knowingly hires, employs, uses, or permits any minor to assist in the transmission of unsolicited bulk electronic mail in violation of subsection (2) and, upon conviction, shall be fined not more than Five Thousand Dollars ($5,000.00) or imprisoned in the State Penitentiary for not more than five (5) years, or both.
SECTION 2. This act shall take effect and be in force from and after July 1, 2005.