PRIOR PRINTER'S NO. 1851 PRINTER'S NO. 1945
No. 1218 Session of 2006
INTRODUCED BY WONDERLING, CONTI, C. WILLIAMS, ERICKSON, RAFFERTY
AND PILEGGI, JUNE 16, 2006
SENATOR WONDERLING, COMMUNICATIONS AND TECHNOLOGY, AS AMENDED,
JUNE 27, 2006
AN ACT
1 Amending the act of December 17, 1968 (P.L.1224, No.387),
2 entitled "An act prohibiting unfair methods of competition
3 and unfair or deceptive acts or practices in the conduct of
4 any trade or commerce, giving the Attorney General and
5 District Attorneys certain powers and duties and providing
6 penalties," defining "electronic mail service provider" and <--
7 "internet service provider."
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 2 of the act of December 17, 1968
11 (P.L.1224, No.387), known as the Unfair Trade Practices and
12 Consumer Protection Law, reenacted and amended November 24, 1976
13 (P.L.1166, No.260), is amended by adding clauses A CLAUSE to <--
14 read:
15 Section 2. Definitions.--As used in this act.
16 * * *
17 (1.1) "Electronic mail service provider" means a person who <--
18 is an intermediary in sending or receiving electronic mail or
19 who provides to end users of electronic mail services the
1 ability to send or receive electronic mail.
2 (1.2) (1.1) "Internet service provider" means a person who <--
3 furnishes a service that enables users to access content,
4 information, electronic mail or other services offered over the
5 Internet, AND ACCESS TO PROPRIETARY CONTENT, INFORMATION AND <--
6 OTHER SERVICES AS PART OF A PACKAGE OF SERVICES OFFERED TO
7 CONSUMERS.
8 * * *
9 Section 2. Section 3 of the act, amended December 4, 1996
10 (P.L.906, No.146), is amended to read:
11 Section 3. Unlawful Acts or Practices; Exclusions.--Unfair
12 methods of competition and unfair or deceptive acts or practices
13 in the conduct of any trade or commerce as defined by subclauses
14 (i) through (xxi) of clause (4) of section 2 of this act and
15 regulations promulgated under section 3.1 of this act are hereby
16 declared unlawful. The provisions of this act shall not apply to
17 any owner, agent or employe of any radio or television station,
18 or to any owner, publisher, printer, agent or employe of an
19 Internet service provider or a newspaper or other publication,
20 periodical or circular, who, in good faith and without knowledge
21 of the falsity or deceptive character thereof, publishes, causes
22 to be published or takes part in the publication of such
23 advertisement.
24 Section 3. This act shall take effect in 60 days.
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