PRIOR PRINTER'S NO. 1131 PRINTER'S NO. 1700
No. 885 Session of 2003
INTRODUCED BY CONTI, EARLL, SCHWARTZ, KUKOVICH, BRIGHTBILL,
PICCOLA, LOGAN, KITCHEN, WOZNIAK, STOUT, WONDERLING,
ERICKSON, RAFFERTY, COSTA, STACK, MUSTO, THOMPSON, ARMSTRONG,
HELFRICK, KASUNIC AND ORIE, AUGUST 1, 2003
SENATOR CORMAN, COMMUNICATIONS AND TECHNOLOGY, AS AMENDED,
JUNE 15, 2004
AN ACT
1 Amending the act of December 16, 2002 (P.L.1810, No.222),
2 entitled "An act prohibiting certain facsimiles, commercial
3 electronic transmissions and the use of text, graphic or
4 image messaging systems of wireless telephone systems to
5 transmit unsolicited commercial messages; imposing penalties;
6 authorizing the blocking of commercial electronic mail by
7 interactive computer service; and providing for the powers of
8 the Attorney General," establishing a Statewide do-not-e-mail <--
9 list. FURTHER PROVIDING FOR DEFINITIONS, FOR PROHIBITION OF <--
10 UNSOLICITED OR MISLEADING COMMERCIAL ELECTRONIC MAIL MESSAGES
11 AND FAXES, FOR VIOLATIONS AND FOR REMEDIES AVAILABLE TO
12 CONSUMERS; AND PROVIDING FOR CONFIDENTIALITY, FOR PERIOD OF
13 LIMITATIONS, FOR JURISDICTION AND FOR FORFEITURE OF PROPERTY.
14 The General Assembly of the Commonwealth of Pennsylvania
15 hereby enacts as follows:
16 Section 1. Section 2 of the act of December 16, 2002 <--
17 (P.L.1810, No.222), known as the Unsolicited Telecommunication
18 Advertisement Act, is amended by adding a definition to read:
19 Section 2. Definitions.
20 The following words and phrases when used in this act shall
21 have the meanings given to them in this section unless the
22 context clearly indicates otherwise:
1 * * *
2 SECTION 1. SECTION 2 OF THE ACT OF DECEMBER 16, 2002 <--
3 (P.L.1810, NO.222), KNOWN AS THE UNSOLICITED TELECOMMUNICATION
4 ADVERTISEMENT ACT, IS AMENDED TO READ:
5 SECTION 2. DEFINITIONS.
6 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
7 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
8 CONTEXT CLEARLY INDICATES OTHERWISE:
9 "ASSIST A TRANSMISSION." ACTION TAKEN BY A PERSON TO PROVIDE
10 SUBSTANTIAL ASSISTANCE OR SUPPORT WHICH ENABLES ANOTHER PERSON
11 TO FORMULATE, COMPOSE, SEND, ORIGINATE, INITIATE OR TRANSMIT A
12 COMMERCIAL ELECTRONIC MAIL MESSAGE WHEN THE PERSON PROVIDING THE
13 ASSISTANCE KNOWS OR CONSCIOUSLY AVOIDS KNOWING THAT THE
14 INDICATOR OF THE COMMERCIAL ELECTRONIC MAIL MESSAGE IS ENGAGED
15 OR INTENDS TO ENGAGE IN ANY PRACTICE THAT VIOLATES THE ACT OF
16 DECEMBER 17, 1968 (P.L.1224, NO.387), KNOWN AS THE UNFAIR TRADE
17 PRACTICES AND CONSUMER PROTECTION LAW. THIS TERM DOES NOT
18 INCLUDE ACTION [BY A PROVIDER OF INTERNET ACCESS OR ELECTRONIC
19 MAIL SERVICE FOR MERE TRANSMISSION OR HOSTING SERVICES IN THE
20 ORDINARY COURSE OF BUSINESS.] TAKEN BY:
21 (1) A PROVIDER OF INTERNET ACCESS OR ELECTRONIC MAIL
22 SERVICE OR OTHER ENTITY WHICH PROVIDES INTERMEDIARY
23 TRANSMISSION SERVICE IN SENDING OR RECEIVING AN ELECTRONIC
24 MAIL MESSAGE;
25 (2) A PROVIDER OF INTERNET ACCESS OR ELECTRONIC MAIL
26 SERVICE OR OTHER ENTITY WHICH PROVIDES TO USERS OF ELECTRONIC
27 MAIL SERVICES THE ABILITY TO SEND, RECEIVE OR COMPOSE AN
28 ELECTRONIC MAIL MESSAGE; OR
29 (3) AN ENTITY WHICH DESIGNS, MANUFACTURES OR DISTRIBUTES
30 ANY TECHNOLOGY, PRODUCT OR COMPONENT THAT HAS A COMMERCIALLY
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1 REASONABLE USE OTHER THAN TO VIOLATE OR CIRCUMVENT THIS ACT.
2 "COMMERCIAL ELECTRONIC MAIL MESSAGE." [AN ELECTRONIC MAIL
3 MESSAGE SENT FOR THE PURPOSE OF PROMOTING REAL PROPERTY, GOODS
4 OR SERVICES.] AN ELECTRONIC MESSAGE SENT PRIMARILY FOR THE
5 PURPOSE OF COMMERCIAL ADVERTISEMENT OR PROMOTION OF:
6 (1) A COMMERCIAL PRODUCT;
7 (2) A COMMERCIAL SERVICE;
8 (3) THE CONTENT OF AN INTERNET WORLD WIDE WEB SITE; OR
9 (4) AN INTERNET WORLD WIDE WEB SITE OPERATED FOR A
10 COMMERCIAL PURPOSE.
11 THE TERM DOES NOT INCLUDE AN ELECTRONIC MAIL TRANSMISSION:
12 (1) TO WHICH AN INTERACTIVE COMPUTER SERVICE HAS
13 ATTACHED AN ADVERTISEMENT IN EXCHANGE FOR FREE USE OF AN
14 ELECTRONIC MAIL ACCOUNT WHEN THE SENDER HAS AGREED TO SUCH AN
15 ARRANGEMENT; [OR]
16 (2) SENT AS A RESULT OF AN ESTABLISHED BUSINESS
17 RELATIONSHIP[.];
18 (3) FROM AN ORGANIZATION TO ITS MEMBERS; OR
19 (4) A TRANSACTIONAL OR RELATIONSHIP MESSAGE.
20 "Do-not-e-mail list." A list of residential electronic mail
21 subscribers who have notified the Office of Attorney General of
22 their desire not to receive commercial electronic mail messages
23 or advertisements.
24 * * * <--
25 "ELECTRONIC MAIL ADDRESS." A DESTINATION, COMMONLY EXPRESSED <--
26 AS A STRING OF CHARACTERS, TO WHICH ELECTRONIC MAIL MAY BE SENT
27 OR DELIVERED.
28 "ELECTRONIC MAIL SERVICE." A PERSON WHO IS AN INTERMEDIARY
29 IN SENDING OR RECEIVING ELECTRONIC MAIL OR WHO PROVIDES END-
30 USERS OF ELECTRONIC MAIL SERVICES THE ABILITY TO SEND OR RECEIVE
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1 ELECTRONIC MAIL.
2 "ESTABLISHED BUSINESS RELATIONSHIP." A PRIOR OR EXISTING
3 RELATIONSHIP FORMED BY A VOLUNTARY TWO-WAY COMMUNICATION
4 INITIATED BY A PERSON OR ENTITY AND A RECIPIENT, WITH OR WITHOUT
5 AN EXCHANGE OF CONSIDERATION, ON THE BASIS OF AN INQUIRY,
6 APPLICATION, PURCHASE OR TRANSACTION BY THE RECIPIENT REGARDING
7 PRODUCTS OR SERVICES OFFERED BY SUCH PERSONS OR ENTITY. IN
8 REGARD TO AN INQUIRY, THE PERSON OR ENTITY SHALL OBTAIN THE
9 CONSENT OF A RECIPIENT BEYOND THE INITIAL INQUIRY. [AN
10 ESTABLISHED BUSINESS RELATIONSHIP DOES NOT EXIST IF THE
11 RECIPIENT REQUESTS TO BE REMOVED FROM THE DISTRIBUTION LISTS OF
12 AN INITIATOR PURSUANT TO SECTION 3(A)(4).]
13 "FAX." THE TRANSMISSION OF THE FACSIMILE OF A DOCUMENT
14 THROUGH A CONNECTION WITH A TELEPHONE OR COMPUTER NETWORK.
15 "HEADER INFORMATION." THE SOURCE, DESTINATION AND ROUTING
16 INFORMATION ATTACHED TO AN ELECTRONIC MAIL MESSAGE, INCLUDING:
17 (1) THE ORIGINATING DOMAIN NAME AND ORIGINATING
18 ELECTRONIC MAIL ADDRESS.
19 (2) ANY OTHER INFORMATION THAT APPEARS IN THE LINE
20 IDENTIFYING OR PURPORTING TO IDENTIFY THE PERSON INITIATING
21 THE MESSAGE.
22 (3) TECHNICAL INFORMATION THAT AUTHENTICATES THE SENDER
23 OF AN ELECTRONIC MAIL MESSAGE FOR NETWORK SECURITY OR NETWORK
24 MANAGEMENT PURPOSES.
25 "INITIATE A TRANSMISSION." ACTION BY THE ORIGINAL SENDER OF
26 AN ELECTRONIC MAIL MESSAGE, EXCLUDING ACTION BY ANY INTERVENING
27 INTERACTIVE COMPUTER SERVICE THAT MAY HANDLE OR RETRANSMIT THE
28 MESSAGE UNLESS SUCH INTERVENING INTERACTIVE COMPUTER SERVICE OF
29 AN ELECTRONIC MAIL MESSAGE WHEN IT KNOWS OR CONSCIOUSLY AVOIDS
30 KNOWING THAT THE PERSON INITIATING THE TRANSMISSION IS ENGAGED
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1 OR INTENDS TO ENGAGE IN ANY ACT OR PRACTICE THAT VIOLATES THE
2 ACT OF DECEMBER 17, 1968 (P.L.1224, NO.387), KNOWN AS THE UNFAIR
3 TRADE PRACTICES AND CONSUMER PROTECTION LAW. THE TERM DOES NOT
4 INCLUDE ACTION BY A PROVIDER OF INTERNET ACCESS OR ELECTRONIC
5 MAIL SERVICE FOR [MERE TRANSMISSION] THE ROUTINE CONVEYANCE OR
6 HOSTING SERVICES IN THE ORDINARY COURSE OF BUSINESS.
7 "INTERNET DOMAIN NAME." [A GLOBALLY UNIQUE HIERARCHICAL
8 REFERENCE TO AN INTERNET HOST OR SERVICE ASSIGNED THROUGH
9 CENTRALIZED INTERNET NAMING AUTHORITIES AND COMPRISING A SERIES
10 OF CHARACTER STRINGS SEPARATED BY PERIODS WITH THE RIGHT-MOST
11 STRING SPECIFYING THE TOP OF THE HIERARCHY.] ANY ALPHANUMERIC
12 DESIGNATION THAT IS REGISTERED WITH OR ASSIGNED BY A DOMAIN NAME
13 REGISTRAR, DOMAIN NAME REGISTRY OR OTHER DOMAIN NAME
14 REGISTRATION AUTHORITY AS PART OF AN ELECTRONIC MAIL ADDRESS ON
15 THE INTERNET.
16 "MATERIALLY FALSIFIES." ACTION TAKEN TO ALTER OR CONCEAL IN
17 A MANNER THAT WOULD IMPAIR THE ABILITY OF ONE OF THE FOLLOWING
18 TO IDENTIFY, LOCATE OR RESPOND TO A PERSON WHO INITIATED AN
19 ELECTRONIC MAIL MESSAGE OR TO INVESTIGATE AN ALLEGED VIOLATION
20 OF THIS ACT BY:
21 (1) A RECIPIENT OF THE MESSAGE;
22 (2) AN INTERNET ACCESS SERVICE PROCESSING THE MESSAGE ON
23 BEHALF OF A RECIPIENT;
24 (3) A PERSON ALLEGING A VIOLATION OF THIS ACT; OR
25 (4) A LAW ENFORCEMENT AGENCY.
26 "MULTIPLE." THE TERM MEANS:
27 (1) MORE THAN TEN COMMERCIAL ELECTRONIC MAIL MESSAGES
28 DURING A 24-HOUR PERIOD;
29 (2) MORE THAN 100 COMMERCIAL ELECTRONIC MAIL MESSAGES
30 DURING A 30-DAY PERIOD; OR
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1 (3) MORE THAN 1,000 COMMERCIAL ELECTRONIC MAIL MESSAGES
2 DURING A ONE-YEAR PERIOD.
3 "ROUTINE CONVEYANCE." THE TRANSMISSION, ROUTING, RELAYING,
4 HANDLING OR STORING THROUGH AN AUTOMATIC TECHNICAL PROCESS OF AN
5 ELECTRONIC MAIL MESSAGE FOR WHICH ANOTHER PERSON HAS IDENTIFIED
6 THE RECIPIENTS OR PROVIDED THE RECIPIENT ADDRESSES.
7 "TRANSACTIONAL OR RELATIONSHIP MESSAGE." AN ELECTRONIC MAIL
8 MESSAGE THE PRIMARY PURPOSE OF WHICH IS:
9 (1) TO FACILITATE, COMPLETE OR CONFIRM A COMMERCIAL
10 TRANSACTION THAT THE RECIPIENT HAS PREVIOUSLY AGREED TO ENTER
11 INTO WITH THE SENDER;
12 (2) TO PROVIDE WARRANTY INFORMATION, PRODUCT RECALL
13 INFORMATION OR SAFETY OR SECURITY INFORMATION WITH RESPECT TO
14 A COMMERCIAL PRODUCT OR SERVICE USED OR PURCHASED BY THE
15 RECIPIENT;
16 (3) TO PROVIDE:
17 (I) NOTIFICATION CONCERNING A CHANGE IN THE TERMS OR
18 FEATURES OF;
19 (II) NOTIFICATION OF A CHANGE IN THE RECIPIENT'S
20 STANDING OR STATUS WITH RESPECT TO; OR
21 (III) AT REGULAR PERIODIC INTERVALS, ACCOUNT BALANCE
22 INFORMATION OR OTHER TYPE OF ACCOUNT STATEMENT WITH
23 RESPECT TO
24 A SUBSCRIPTION, MEMBERSHIP, ACCOUNT, LOAN OR COMPARABLE
25 ONGOING COMMERCIAL RELATIONSHIP INVOLVING THE ONGOING
26 PURCHASE OR USE BY THE RECIPIENT OF PRODUCTS OR SERVICES
27 OFFERED BY THE SENDER;
28 (4) TO PROVIDE INFORMATION DIRECTLY RELATED TO AN
29 EMPLOYMENT RELATIONSHIP OR RELATED BENEFIT PLAN IN WHICH THE
30 RECIPIENT IS CURRENTLY INVOLVED, PARTICIPATING OR ENROLLED;
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1 OR
2 (5) TO DELIVER GOODS OR SERVICES, INCLUDING PRODUCT
3 UPDATES OR UPGRADES, THAT THE RECIPIENT IS ENTITLED TO
4 RECEIVE UNDER THE TERMS OF A TRANSACTION THAT THE RECIPIENT
5 HAS PREVIOUSLY AGREED TO ENTER INTO WITH THE SENDER.
6 "WIRELESS ADVERTISEMENT." THE INITIATION OF A TELEPHONE CALL
7 OR A MESSAGE CAPABLE OF PROVIDING TEXT, GRAPHIC OR IMAGE
8 MESSAGES BY A COMMERCIAL MOBILE SERVICE PROVIDER, UNLICENSED
9 WIRELESS SERVICES PROVIDER OR COMMON CARRIER WIRELESS EXCHANGE
10 ACCESS SERVICE PROVIDER FOR THE PURPOSE OF MARKETING GOODS OR
11 SERVICES. THE TERM DOES NOT INCLUDE A CALL OR MESSAGE TO A
12 PERSON WITH THAT PERSON'S PRIOR EXPRESS INVITATION OR PERMISSION
13 OR TO A PERSON WITH WHOM THE CALLER HAS AN ESTABLISHED BUSINESS
14 RELATIONSHIP.
15 Section 2. Section 3 of the act is amended to read: <--
16 Section 3. Prohibition of unsolicited or misleading commercial
17 electronic mail messages and faxes.
18 (a) General rule.--No person may initiate a transmission or
19 conspire with another person to initiate a transmission or
20 assist a transmission of an unsolicited commercial electronic
21 mail message to a residential electronic mail subscriber who
22 does not wish to receive unsolicited commercial e-mail messages
23 or advertisements and has caused his electronic mail address to
24 be enrolled on a do-not-e-mail list maintained by the Office of
25 Attorney General in accordance with subsection (c) or fax from a
26 computer or fax machine located in this Commonwealth or to an
27 electronic mail address that:
28 (1) uses a third party's Internet domain name in the
29 return electronic mail message without permission of the
30 third party;
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1 (2) includes false or misleading information in the
2 return address portion of the electronic mail, facsimile or
3 wireless advertisement such that the recipient would be
4 unable to send a reply message to the original authentic
5 sender;
6 (3) contains false or misleading information in the
7 subject line; or
8 (4) fails to operate a valid sender-operated return e-
9 mail address or toll-free telephone number that the recipient
10 of the unsolicited documents may e-mail or call to notify the
11 sender not to transmit further unsolicited documents.
12 (b) Covered mobile telephone messaging systems.--No person
13 may use a covered mobile telephone messaging system to transmit
14 an unsolicited commercial electronic mail message.
15 SECTION 2. SECTIONS 3, 5 AND 7 OF THE ACT ARE AMENDED TO <--
16 READ:
17 SECTION 3. PROHIBITION OF UNSOLICITED OR MISLEADING COMMERCIAL
18 ELECTRONIC MAIL MESSAGES AND FAXES.
19 [(A) GENERAL RULE.--NO PERSON MAY INITIATE A TRANSMISSION OR
20 CONSPIRE WITH ANOTHER PERSON TO INITIATE A TRANSMISSION OR
21 ASSIST A TRANSMISSION OF AN UNSOLICITED COMMERCIAL ELECTRONIC
22 MAIL MESSAGE OR FAX FROM A COMPUTER OR FAX MACHINE LOCATED IN
23 THIS COMMONWEALTH OR TO AN ELECTRONIC MAIL ADDRESS THAT:
24 (1) USES A THIRD PARTY'S INTERNET DOMAIN NAME IN THE
25 RETURN ELECTRONIC MAIL MESSAGE WITHOUT PERMISSION OF THE
26 THIRD PARTY;
27 (2) INCLUDES FALSE OR MISLEADING INFORMATION IN THE
28 RETURN ADDRESS PORTION OF THE ELECTRONIC MAIL, FACSIMILE OR
29 WIRELESS ADVERTISEMENT SUCH THAT THE RECIPIENT WOULD BE
30 UNABLE TO SEND A REPLY MESSAGE TO THE ORIGINAL AUTHENTIC
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1 SENDER;
2 (3) CONTAINS FALSE OR MISLEADING INFORMATION IN THE
3 SUBJECT LINE; OR
4 (4) FAILS TO OPERATE A VALID SENDER-OPERATED RETURN E-
5 MAIL ADDRESS OR TOLL-FREE TELEPHONE NUMBER THAT THE RECIPIENT
6 OF THE UNSOLICITED DOCUMENTS MAY E-MAIL OR CALL TO NOTIFY THE
7 SENDER NOT TO TRANSMIT FURTHER UNSOLICITED DOCUMENTS.]
8 (A.1) GENERAL RULE.--NO PERSON MAY:
9 (1) INITIATE A TRANSMISSION OR CONSPIRE WITH ANOTHER
10 PERSON TO INITIATE A TRANSMISSION OR ASSIST A TRANSMISSION OF
11 A COMMERCIAL ELECTRONIC MAIL MESSAGE OR AN UNSOLICITED FAX
12 FROM A COMPUTER OR FAX MACHINE LOCATED IN THIS COMMONWEALTH
13 OR TO AN ELECTRONIC MAIL ADDRESS THAT:
14 (I) USES A THIRD PARTY'S INTERNET DOMAIN NAME IN THE
15 RETURN ELECTRONIC MAIL MESSAGE WITHOUT PERMISSION OF THE
16 THIRD PARTY;
17 (II) INCLUDES FALSE OR MISLEADING INFORMATION IN THE
18 RETURN ADDRESS PORTION OF THE ELECTRONIC MAIL, FACSIMILE
19 OR WIRELESS ADVERTISEMENT SUCH THAT THE RECIPIENT WOULD
20 BE UNABLE TO SEND A REPLY MESSAGE TO THE ORIGINAL
21 AUTHENTIC SENDER;
22 (III) CONTAINS FALSE OR MISLEADING INFORMATION IN
23 THE SUBJECT LINE; OR
24 (IV) MATERIALLY FALSIFIES HEADER INFORMATION IN
25 MULTIPLE COMMERCIAL ELECTRONIC MAIL MESSAGES AND
26 INTENTIONALLY INITIATES THE TRANSMISSION OF THE MESSAGES;
27 (2) REGISTER, USING INFORMATION THAT MATERIALLY
28 FALSIFIES THE IDENTITY OF THE ACTUAL REGISTRANT, FOR 15 OR
29 MORE ELECTRONIC MAIL ACCOUNTS OR ONLINE USER ACCOUNTS OR TWO
30 OR MORE DOMAIN NAMES AND INTENTIONALLY INITIATE THE
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1 TRANSMISSION OF MULTIPLE COMMERCIAL ELECTRONIC MAIL MESSAGES
2 FROM ONE OR ANY COMBINATION OF ACCOUNTS OR DOMAIN NAMES;
3 (3) FALSELY REPRESENT THE RIGHT TO USE FIVE OR MORE
4 INTERNET PROTOCOL ADDRESSES AND INTENTIONALLY INITIATE THE
5 TRANSMISSION OF MULTIPLE COMMERCIAL ELECTRONIC MAIL MESSAGES
6 FROM THE INTERNET PROTOCOL ADDRESSES;
7 (4) PROVIDE OR SELECT ELECTRONIC MAIL ADDRESSES FOR THE
8 PURPOSE OF SENDING A COMMERCIAL MAIL MESSAGE KNOWING THAT:
9 (I) THE ELECTRONIC MAIL ADDRESSES OF THE RECIPIENTS
10 WERE OBTAINED USING AN AUTOMATED MEANS FROM AN INTERNET
11 WORLD WIDE WEB SITE OR PROPRIETARY ONLINE SERVICE
12 OPERATED BY ANOTHER PERSON; AND
13 (II) THE WORLD WIDE WEB SITE OR ONLINE SERVICE
14 INCLUDED, AT THE TIME THE ADDRESSES WERE OBTAINED, A
15 NOTICE STATING THAT THE OPERATOR OF THE WORLD WIDE WEB
16 SITE OR ONLINE SERVICE WILL NOT TRANSFER ADDRESSES
17 MAINTAINED BY THE WORLD WIDE WEB SITE OR ONLINE SERVICE
18 TO ANY OTHER PARTY FOR THE PURPOSES OF INITIATING OR
19 ENABLING OTHERS TO INITIATE ELECTRONIC MAIL MESSAGES; OR
20 (5) PROVIDE OR SELECT ELECTRONIC MAIL ADDRESSES OF
21 RECIPIENTS BY USING AN AUTOMATED MEANS THAT GENERATES
22 POSSIBLE ELECTRONIC MAIL ADDRESSES BY COMBINING NAMES,
23 LETTERS OR NUMBERS INTO NUMEROUS PERMUTATIONS.
24 (B) COVERED MOBILE TELEPHONE MESSAGING SYSTEMS.--NO PERSON
25 MAY USE A COVERED MOBILE TELEPHONE MESSAGING SYSTEM TO TRANSMIT
26 [AN UNSOLICITED] A COMMERCIAL ELECTRONIC MAIL MESSAGE.
27 (c) Do-not-e-mail list.--The Office of Attorney General
28 shall establish and provide for the operation of a Statewide
29 database to compile a list of Commonwealth electronic mail
30 subscribers who object to receiving unsolicited electronic mail
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1 before July 1, 2004. The Office of Attorney General shall
2 promulgate rules governing the establishment and administration
3 of the list necessary to carry out the provisions of this act.
4 (D) CONSTRUCTION.--NOTHING IN THE ACT SHALL BE CONSTRUED: <--
5 (1) TO REQUIRE A PROVIDER OF INTERNET ACCESS SERVICE TO
6 BLOCK, TRANSMIT, ROUTE, RELAY, HANDLE OR STORE CERTAIN TYPES
7 OF ELECTRONIC MAIL MESSAGES;
8 (2) TO PREVENT OR LIMIT, IN ANY WAY, A PROVIDER OF
9 INTERNET ACCESS SERVICE FROM ADOPTING A POLICY REGARDING
10 COMMERCIAL OR OTHER ELECTRONIC MAIL, INCLUDING A POLICY OF
11 DECLINING TO TRANSMIT CERTAIN TYPES OF ELECTRONIC MAIL
12 MESSAGES, OR FROM ENFORCING SUCH POLICY THROUGH TECHNICAL
13 MEANS, THROUGH CONTRACT, OR PURSUANT TO ANY REMEDY AVAILABLE
14 UNDER ANY OTHER PROVISION OF FEDERAL, STATE OR LOCAL CRIMINAL
15 OR CIVIL LAW; OR
16 (3) TO RENDER LAWFUL ANY SUCH POLICY THAT IS UNLAWFUL
17 UNDER ANY OTHER PROVISION OF LAW.
18 SECTION 5. VIOLATIONS.
19 (A) OTHER LAW.--[A] EXCEPT AS PROVIDED UNDER SUBSECTIONS (C)
20 AND (D), A VIOLATION OF THIS ACT SHALL CONSTITUTE A VIOLATION OF
21 THE ACT OF DECEMBER 17, 1968 (P.L.1224, NO.387), KNOWN AS THE
22 UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW.
23 (B) PROCEDURE.--ALL ACTIONS OF THE OFFICE OF ATTORNEY
24 GENERAL UNDER THIS ACT SHALL BE TAKEN SUBJECT TO THE RIGHT OF
25 NOTICE, HEARING AND ADJUDICATION AND THE RIGHT OF APPEAL
26 THEREFROM IN ACCORDANCE WITH 2 PA.C.S. (RELATING TO
27 ADMINISTRATIVE LAW AND PROCEDURE).
28 (C) HIGH VOLUME OR REVENUE.--A PERSON COMMITS A FELONY OF
29 THE THIRD DEGREE WHEN THE PERSON:
30 (1) TRANSMITS A COMMERCIAL ELECTRONIC MAIL MESSAGE TO
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1 MORE THAN 10,000 ATTEMPTED RECIPIENTS IN ANY CONSECUTIVE 24-
2 HOUR PERIOD, 100,000 ATTEMPTED RECIPIENTS IN ANY CONSECUTIVE
3 30-DAY PERIOD OR 1,000,000 ATTEMPTED RECIPIENTS IN ANY
4 CONSECUTIVE 12-MONTH PERIOD; OR
5 (2) GENERATES MORE THAN $1,000 FROM TRANSMISSION OF A
6 COMMERCIAL ELECTRONIC MAIL MESSAGE TO A SINGLE RECIPIENT OR
7 MORE THAN $50,000 FROM TRANSMISSION OF A COMMERCIAL
8 ELECTRONIC MAIL MESSAGE TO AN ELECTRONIC MAIL SERVICE.
9 (D) USE OF MINORS.--A PERSON WHO KNOWINGLY HIRES, EMPLOYS,
10 USES OR PERMITS ANY MINOR TO ASSIST IN THE TRANSMISSION OF
11 COMMERCIAL ELECTRONIC MAIL MESSAGES IN VIOLATION OF SUBSECTION
12 (C) COMMITS A FELONY OF THE THIRD DEGREE.
13 (E) EXCEPTIONS.--AN ELECTRONIC MAIL SERVICE PROVIDER DOES
14 NOT VIOLATE THIS ACT IF THE ELECTRONIC MAIL SERVICE PROVIDER:
15 (1) IS AN INTERMEDIARY BETWEEN THE SENDER AND THE
16 RECIPIENT IN THE TRANSMISSION OF A COMMERCIAL ELECTRONIC MAIL
17 MESSAGE THAT VIOLATES THIS ACT; OR
18 (2) TRANSMITS A COMMERCIAL ELECTRONIC MAIL MESSAGE THAT
19 VIOLATES THIS ACT.
20 SECTION 7. REMEDIES AVAILABLE TO CONSUMERS.
21 (A) CAUSE OF ACTION.--A PERSON WHOSE PROPERTY OR PERSON IS
22 INJURED BY REASON OF A VIOLATION OF THIS ACT MAY BRING AN ACTION
23 TO RECOVER ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST
24 PROFITS AND REASONABLE ATTORNEY FEES AND COURT COSTS.
25 (B) LIQUIDATED DAMAGES.--
26 (1) AN INJURED PERSON, OTHER THAN THE ELECTRONIC MAIL
27 SERVICE, MAY ELECT TO RECOVER, INSTEAD OF ACTUAL DAMAGES, $10
28 FOR EACH COMMERCIAL ELECTRONIC MAIL MESSAGE THE PERSON
29 RECEIVED THAT WAS TRANSMITTED IN VIOLATION OF THIS ACT NOT TO
30 EXCEED $25,000 PER DAY IF AN INJURY UNDER THIS ACT ARISES
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1 FROM THE TRANSMISSION OF A COMMERCIAL ELECTRONIC MAIL MESSAGE
2 IN CONTRAVENTION OF THE AUTHORITY GRANTED BY OR IN VIOLATION
3 OF THE POLICIES SET BY AN ELECTRONIC MAIL SERVICE AND:
4 (I) THE DEFENDANT HAS KNOWLEDGE OF THE AUTHORITY OR
5 POLICIES OF THE ELECTRONIC MAIL SERVICE; AND
6 (II) THE AUTHORITY OR POLICIES OF THE ELECTRONIC
7 MAIL SERVICE ARE AVAILABLE ON THE ELECTRONIC MAIL
8 SERVICE'S WORLD WIDE WEB SITE.
9 (2) NO INJURED PERSON SHALL HAVE A CAUSE OF ACTION
10 AGAINST AN ELECTRONIC MAIL SERVICE THAT:
11 (I) ROUTINELY CONVEYS COMMERCIAL ELECTRONIC MAIL
12 MESSAGES OVER ITS COMPUTER NETWORK; AND
13 (II) ESTABLISHES AND IMPLEMENTS, WITH DUE CARE,
14 COMMERCIALLY REASONABLE PRACTICES AND PROCEDURES DESIGNED
15 TO EFFECTIVELY PREVENT VIOLATIONS OF THIS ACT.
16 (C) ELECTRONIC MAIL SERVICE PROVIDER CAUSE OF ACTION.--
17 (1) IF THE INJURY ARISES FROM THE TRANSMISSION OF A
18 COMMERCIAL ELECTRONIC MAIL MESSAGE IN CONTRAVENTION OF THE
19 AUTHORITY GRANTED BY OR IN VIOLATION OF THE POLICIES
20 ESTABLISHED BY AN ELECTRONIC MAIL SERVICE AND THE DEFENDANT
21 HAD KNOWLEDGE OF THE AUTHORITY OR POLICIES OF THE ELECTRONIC
22 MAIL SERVICE OR WHERE THE AUTHORITY OR POLICIES OF THE
23 ELECTRONIC MAIL SERVICE ARE AVAILABLE ON THE ELECTRONIC MAIL
24 SERVICE'S WORLD WIDE WEB SITE, AN INJURED ELECTRONIC MAIL
25 SERVICE MAY ELECT, IN LIEU OF ACTUAL DAMAGES, TO RECOVER,
26 SUBJECT TO ADJUSTMENT UNDER PARAGRAPH (2), $1 FOR EACH
27 INTENDED RECIPIENT OF A COMMERCIAL ELECTRONIC MAIL MESSAGE
28 WHERE THE INTENDED RECIPIENT IS AN END USER OF THE ELECTRONIC
29 MAIL SERVICE OR $25,000 FOR EACH DAY AN ATTEMPT IS MADE TO
30 TRANSMIT A COMMERCIAL ELECTRONIC MAIL MESSAGE TO AN END USER
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1 OF THE ELECTRONIC MAIL SERVICE.
2 (2) IN CALCULATING THE AMOUNT OF DAMAGES UNDER THIS
3 SUBSECTION, THE COURT MAY ADJUST THE AMOUNT AWARDED AS
4 NECESSARY, BUT IN DOING SO, SHALL TAKE INTO ACCOUNT:
5 (I) THE NUMBER OF COMPLAINTS TO THE ELECTRONIC MAIL
6 SERVICE GENERATED BY THE DEFENDANT'S VIOLATION OF THE
7 ACT.
8 (II) THE DEFENDANT'S DEGREE OF CULPABILITY.
9 (III) THE DEFENDANT'S PRIOR HISTORY OF SUCH CONDUCT.
10 (IV) THE EXTENT OF THE ECONOMIC GAIN RESULTING FROM
11 THE CONDUCT.
12 (D) OTHER LAW.--NOTHING IN THIS ACT SHALL BE CONSTRUED TO
13 LIMIT THE REMEDIES AVAILABLE TO CONSUMERS, THE ATTORNEY GENERAL
14 OR ANY DISTRICT ATTORNEY UNDER THE ACT OF DECEMBER 17, 1968
15 (P.L.1224, NO.387), KNOWN AS THE UNFAIR TRADE PRACTICES AND
16 CONSUMER PROTECTION LAW, OR ANY OTHER FEDERAL OR STATE LAW.
17 SECTION 3. THE ACT IS AMENDED BY ADDING SECTIONS TO READ:
18 SECTION 8.1. CONFIDENTIALITY.
19 AT THE REQUEST OF ANY PARTY TO AN ACTION BROUGHT PURSUANT TO
20 THIS ACT, THE COURT MAY, IN ITS DISCRETION, CONDUCT ALL
21 PROCEEDINGS IN SUCH MANNER AS TO PROTECT THE CONFIDENTIALITY AND
22 SECURITY OF THE COMPUTER, COMPUTER NETWORK, COMPUTER DATA,
23 COMPUTER PROGRAM AND COMPUTER SOFTWARE INVOLVED IN ORDER TO
24 PREVENT POSSIBLE REOCCURRENCE OF THE SAME OR A SIMILAR ACT BY
25 ANOTHER PERSON, TO PROTECT ANY TRADE SECRETS OF A PARTY AND TO
26 PROTECT THE PRIVACY OF NONPARTIES WHO COMPLAIN ABOUT VIOLATIONS
27 OF THIS ACT.
28 SECTION 8.2. PERIOD OF LIMITATIONS.
29 A CIVIL ACTION UNDER THIS ACT MUST BE COMMENCED BEFORE THE
30 EARLIER OF:
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1 (1) FIVE YEARS AFTER THE LAST ACT IN THE COURSE OF
2 CONDUCT CONSTITUTING A VIOLATION OF THIS ACT; OR
3 (2) TWO YEARS AFTER THE PLAINTIFF DISCOVERS OR
4 REASONABLY SHOULD HAVE DISCOVERED THE LAST ACT IN THE COURSE
5 OF CONDUCT CONSTITUTING A VIOLATION OF THIS ACT.
6 SECTION 8.3. JURISDICTION.
7 IN AN ACTION ALLEGING INJURY ARISING FROM THE TRANSMISSION OF
8 A COMMERCIAL ELECTRONIC MAIL MESSAGE, PERSONAL JURISDICTION MAY
9 BE EXERCISED PURSUANT TO 42 PA.C.S. §§ 5301 (RELATING TO
10 PERSONS) AND 5322 (RELATING TO BASES OF PERSONAL JURISDICTION
11 OVER PERSONS OUTSIDE THIS COMMONWEALTH).
12 SECTION 8.4. FORFEITURE OF PROPERTY.
13 (A) GENERAL RULE.--UPON A CONVICTION FOR A VIOLATION OF
14 SECTION 5(C) OR (D), THE FOLLOWING SHALL BE SUBJECT TO
15 FORFEITURE TO THE COMMONWEALTH AND NO PROPERTY RIGHT SHALL EXIST
16 IN THEM:
17 (1) ALL COMPUTERS, COMPUTER DATA, COMPUTER SOFTWARE AND
18 FINANCIAL INSTRUMENTS USED TO COMMIT THE VIOLATION.
19 (2) ALL RAW MATERIALS, PRODUCTS AND EQUIPMENT OF ANY
20 KIND THAT ARE USED OR INTENDED FOR USE IN MANUFACTURING,
21 COMPOUNDING, PROCESSING, DELIVERING, IMPORTING OR EXPORTING
22 ANY OF THE PROPERTY LISTED IN PARAGRAPH (1).
23 (3) ALL CONVEYANCES, INCLUDING AIRCRAFT, VEHICLES OR
24 VESSELS, THAT ARE USED OR ARE INTENDED FOR USE TO TRANSPORT
25 OR IN ANY MANNER FACILITATE THE TRANSPORTATION, SALE,
26 RECEIPT, POSSESSION OR CONCEALMENT OF PROPERTY DESCRIBED IN
27 PARAGRAPHS (1) OR (2), EXCEPT AS FOLLOWS:
28 (I) NO CONVEYANCE USED BY ANY PERSON AS A COMMON
29 CARRIER IN THE TRANSACTION OF BUSINESS AS A COMMON
30 CARRIER SHALL BE FORFEITED UNDER THE PROVISIONS OF THIS
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1 SECTION UNLESS IT SHALL APPEAR THAT THE OWNER OR OTHER
2 PERSON IN CHARGE OF SUCH CONVEYANCE WAS A CONSENTING
3 PARTY OR PRIVY TO A VIOLATION OF SECTION 5(C) OR (D).
4 (II) NO CONVEYANCE SHALL BE FORFEITED UNDER THE
5 PROVISIONS OF THIS SECTION BY REASON OF ANY ACT OR
6 OMISSION ESTABLISHED BY THE OWNER THEREOF TO HAVE BEEN
7 COMMITTED OR OMITTED WITHOUT HIS KNOWLEDGE OR CONSENT,
8 WHICH ABSENCE OF SUCH KNOWLEDGE OR CONSENT MUST BE
9 REASONABLE UNDER THE CIRCUMSTANCES PRESENTED.
10 (III) NO BONA FIDE SECURITY INTEREST RETAINED OR
11 ACQUIRED UNDER 13 PA.C.S. (RELATING TO COMMERCIAL CODE)
12 BY ANY MERCHANT DEALING IN NEW OR USED AIRCRAFT, VEHICLES
13 OR VESSELS, OR RETAINED OR ACQUIRED BY ANY LICENSED OR
14 REGULATED FINANCE COMPANY, BANK OR LENDING INSTITUTION,
15 OR BY ANY OTHER BUSINESS REGULARLY ENGAGED IN THE
16 FINANCING OF OR LENDING ON THE SECURITY OF SUCH AIRCRAFT,
17 VEHICLES OR VESSELS, SHALL BE SUBJECT TO FORFEITURE OR
18 IMPAIRMENT.
19 (4) ALL BOOKS, RECORDS AND RESEARCH, INCLUDING FORMULAS,
20 MICROFILM, TAPES AND DATA, THAT ARE USED IN VIOLATION OF
21 SECTION 5(C) OR (D).
22 (5) ALL OF THE FOLLOWING:
23 (I) FINANCIAL INSTRUMENTS OR OTHER THINGS OF VALUE
24 FURNISHED OR INTENDED TO BE FURNISHED BY ANY PERSON IN
25 EXCHANGE FOR A PROPERTY LISTED IN PARAGRAPH (1) OR (2),
26 AND ALL PROCEEDS TRACEABLE TO SUCH AN EXCHANGE.
27 (II) FINANCIAL INSTRUMENTS OR OTHER THINGS OF VALUE
28 USED OR INTENDED TO BE USED TO FACILITATE ANY VIOLATION
29 OF SECTION 5(C) OR (D).
30 (III) REAL PROPERTY USED OR INTENDED TO BE USED TO
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1 FACILITATE ANY VIOLATION OF SECTION 5(C) OR (D),
2 INCLUDING STRUCTURES OR OTHER IMPROVEMENTS THEREON, AND
3 INCLUDING ANY RIGHT, TITLE AND INTEREST IN THE WHOLE OR
4 ANY LOT OR TRACT OF LAND AND ANY APPURTENANCES OR
5 IMPROVEMENTS, THAT ARE USED OR INTENDED TO BE USED IN ANY
6 MANNER OR PART TO COMMIT OR TO FACILITATE THE COMMISSION
7 OF A VIOLATION OF SECTION 5(C) OR (D) OF THIS ACT AND
8 THINGS GROWING ON, AFFIXED TO OR FOUND IN THE LAND,
9 EXCEPT AS FOLLOWS:
10 (A) NO PROPERTY SHALL BE FORFEITED UNDER THIS
11 PARAGRAPH TO THE EXTENT OF THE INTEREST OF AN OWNER
12 BY REASON OF ANY ACT OR OMISSION ESTABLISHED BY THE
13 OWNER TO HAVE BEEN COMMITTED OR OMITTED WITHOUT THE
14 KNOWLEDGE OR CONSENT OF THAT OWNER.
15 (B) NO VALID LIEN OR ENCUMBRANCES ON REAL
16 PROPERTY SHALL BE SUBJECT TO FORFEITURE OR IMPAIRMENT
17 UNDER THIS PARAGRAPH. A LIEN THAT IS FRAUDULENT OR
18 INTENDED TO AVOID FORFEITURE SHALL BE INVALID.
19 (B) PROCESS AND SEIZURE.--PROPERTY SUBJECT TO FORFEITURE
20 UNDER THIS SECTION MAY BE SEIZED BY LAW ENFORCEMENT UPON PROCESS
21 ISSUED BY ANY COURT OF COMMON PLEAS HAVING JURISDICTION OVER THE
22 PROPERTY. SEIZURE WITHOUT PROCESS MAY BE MADE IF:
23 (1) THE SEIZURE IS INCIDENT TO AN ARREST, A SEARCH UNDER
24 A SEARCH WARRANT OR INSPECTION UNDER AN ADMINISTRATIVE
25 INSPECTION WARRANT;
26 (2) THE PROPERTY SUBJECT TO SEIZURE HAS BEEN THE SUBJECT
27 OF A PRIOR JUDGMENT IN FAVOR OF THE COMMONWEALTH IN A
28 FORFEITURE PROCEEDING UNDER THIS ACT;
29 (3) THERE IS PROBABLE CAUSE TO BELIEVE THAT THE PROPERTY
30 IS DANGEROUS TO HEALTH OR SAFETY; OR
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1 (4) THERE IS PROBABLE CAUSE TO BELIEVE THAT THE PROPERTY
2 HAS BEEN USED OR IS INTENDED TO BE USED IN VIOLATION OF
3 SECTION 5(C) OR (D).
4 (C) SEIZURE WITHOUT PROCESS.--IN THE EVENT SEIZURE WITHOUT
5 PROCESS OCCURS, AS PROVIDED IN SUBSECTION (B), PROCEEDINGS FOR
6 THE ISSUANCE OF PROCESS SHALL BE INSTITUTED FORTHWITH.
7 (D) CUSTODY OF PROPERTY.--PROPERTY TAKEN OR DETAINED UNDER
8 THIS SECTION SHALL NOT BE SUBJECT TO REPLEVIN BUT IS DEEMED TO
9 BE IN THE CUSTODY OF THE LAW ENFORCEMENT AUTHORITY SUBJECT ONLY
10 TO THE ORDERS AND DECREES OF THE COURT OF COMMON PLEAS HAVING
11 JURISDICTION OVER THE FORFEITURE PROCEEDINGS AND THE DISTRICT
12 ATTORNEY OR ATTORNEY GENERAL. WHEN PROPERTY IS SEIZED UNDER THIS
13 ACT, THE LAW ENFORCEMENT AUTHORITY SHALL PLACE THE PROPERTY
14 UNDER SEAL AND EITHER:
15 (1) REMOVE THE PROPERTY TO A PLACE DESIGNATED BY IT; OR
16 (2) REQUIRE THAT THE DISTRICT ATTORNEY OR ATTORNEY
17 GENERAL TAKE CUSTODY OF THE PROPERTY AND REMOVE IT TO AN
18 APPROPRIATE LOCATION FOR DISPOSITION IN ACCORDANCE WITH LAW.
19 (E) USE OF PROPERTY HELD IN CUSTODY.--PROPERTY FORFEITED
20 UNDER THIS ACT SHALL BE TRANSFERRED TO THE CUSTODY OF THE
21 DISTRICT ATTORNEY IF THE LAW ENFORCEMENT AUTHORITY SEIZING THE
22 PROPERTY HAS LOCAL OR COUNTY JURISDICTION OR THE ATTORNEY
23 GENERAL IF THE LAW ENFORCEMENT AUTHORITY SEIZING THE PROPERTY
24 HAS STATEWIDE JURISDICTION. THE DISTRICT ATTORNEY OR THE
25 ATTORNEY GENERAL, WHERE APPROPRIATE, MAY:
26 (1) RETAIN THE PROPERTY FOR OFFICIAL USE.
27 (2) SELL ANY FORFEITED PROPERTY THAT IS NOT REQUIRED TO
28 BE DESTROYED BY LAW AND IS NOT HARMFUL TO THE PUBLIC, BUT THE
29 PROCEEDS FROM ANY SALE SHALL BE USED TO PAY ALL PROPER
30 EXPENSES OF THE PROCEEDINGS FOR FORFEITURE AND SALE,
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1 INCLUDING EXPENSES OF SEIZURE, CUSTODY, ADVERTISING AND COURT
2 COSTS. THE BALANCE OF THE PROCEEDS SHALL BE DEALT WITH IN
3 ACCORDANCE WITH SUBSECTIONS (F) AND (G).
4 (F) USE OF CASH OR PROCEEDS OF PROPERTY.--CASH OR PROCEEDS
5 OF FORFEITED PROPERTY TRANSFERRED TO THE CUSTODY OF THE DISTRICT
6 ATTORNEY PURSUANT TO SUBSECTION (E) SHALL BE PLACED IN THE
7 OPERATING FUND OF THE COUNTY IN WHICH THE DISTRICT ATTORNEY IS
8 ELECTED. THE APPROPRIATE COUNTY AUTHORITY SHALL IMMEDIATELY
9 RELEASE FROM THE OPERATING FUND, WITHOUT RESTRICTION, A LIKE
10 AMOUNT FOR THE USE OF THE DISTRICT ATTORNEY ENFORCING THE
11 PROVISIONS OF THIS ACT. THE ENTITY HAVING BUDGETARY CONTROL
12 SHALL NOT ANTICIPATE FUTURE FORFEITURES OR PROCEEDS THEREFROM IN
13 ADOPTION AND APPROVAL OF THE BUDGET FOR THE DISTRICT ATTORNEY.
14 (G) DISTRIBUTION OF PROPERTY AMONG LAW ENFORCEMENT
15 AUTHORITIES.--IF BOTH MUNICIPAL AND STATE LAW ENFORCEMENT
16 AUTHORITIES WERE SUBSTANTIALLY INVOLVED IN EFFECTING THE
17 SEIZURE, THE COURT HAVING JURISDICTION OVER THE FORFEITURE
18 PROCEEDINGS SHALL EQUITABLY DISTRIBUTE THE PROPERTY BETWEEN THE
19 DISTRICT ATTORNEY AND THE ATTORNEY GENERAL.
20 (H) AUTHORIZATION TO UTILIZE PROPERTY.--THE DISTRICT
21 ATTORNEY AND THE ATTORNEY GENERAL SHALL UTILIZE FORFEITED
22 PROPERTY OR THE PROCEEDS THEREOF FOR THE PURPOSE OF ENFORCING
23 THE PROVISIONS OF THIS ACT. IN APPROPRIATE CASES, THE DISTRICT
24 ATTORNEY AND THE ATTORNEY GENERAL MAY DESIGNATE PROCEEDS FROM
25 FORFEITED PROPERTY TO BE UTILIZED BY COMMUNITY-BASED CRIME-
26 FIGHTING PROGRAMS AND FOR RELOCATION AND PROTECTION OF WITNESSES
27 IN CRIMINAL CASES.
28 (I) ANNUAL AUDIT OF FORFEITED PROPERTY.--IT SHALL BE THE
29 RESPONSIBILITY OF EVERY COUNTY IN THIS COMMONWEALTH TO PROVIDE,
30 THROUGH THE CONTROLLER, BOARD OF AUDITORS OR OTHER APPROPRIATE
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1 AUDITOR AND THE DISTRICT ATTORNEY, AN ANNUAL AUDIT OF ALL
2 FORFEITED PROPERTY AND PROCEEDS OBTAINED UNDER THIS SECTION AND
3 THE DISPOSITION THEREOF. THE AUDIT SHALL NOT BE MADE PUBLIC BUT
4 SHALL BE SUBMITTED TO THE OFFICE OF ATTORNEY GENERAL BY
5 SEPTEMBER 30 OF EACH YEAR.
6 (J) ANNUAL REPORT; CONFIDENTIAL INFORMATION REGARDING
7 PROPERTY.--THE ATTORNEY GENERAL SHALL ANNUALLY SUBMIT A REPORT
8 TO THE APPROPRIATIONS COMMITTEE AND THE JUDICIARY COMMITTEE OF
9 THE SENATE AND THE APPROPRIATIONS COMMITTEE AND THE JUDICIARY
10 COMMITTEE OF THE HOUSE OF REPRESENTATIVES, SPECIFYING THE
11 FORFEITED PROPERTY OR PROCEEDS THEREOF OBTAINED UNDER THIS
12 SECTION. THE REPORT SHALL PROVIDE AN ACCOUNTING OF ALL PROCEEDS
13 DERIVED FROM THE SALE OF FORFEITED PROPERTY AND THE USE MADE OF
14 UNSOLD FORFEITED PROPERTY. THE ATTORNEY GENERAL SHALL ADOPT THE
15 PROCEDURES AND GUIDELINES GOVERNING THE RELEASE OF INFORMATION
16 BY THE DISTRICT ATTORNEY TO PROTECT THE CONFIDENTIALITY OF
17 FORFEITED PROPERTY OR PROCEEDS USED IN ONGOING ENFORCEMENT
18 ACTIVITIES.
19 (K) PROCEEDS AND APPROPRIATIONS.--THE PROCEEDS OR FUTURE
20 PROCEEDS FROM FORFEITED PROPERTY UNDER THIS SECTION SHALL BE IN
21 ADDITION TO ANY APPROPRIATION MADE TO THE OFFICE OF ATTORNEY
22 GENERAL.
23 Section 3 4. This act shall take effect in 180 days. <--
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