Pennsylvania Unlawful Transmission of Electronic Mail
18 Pa.C.S.A. § 7601 – § 7606, § 7661
Pennsylvania Statutes and Consolidated Statutes
Title 18 Pa.C.S.A. Crimes and Offenses (Refs & Annos)
Part II. Definition of Specific Offenses (Refs & Annos)
Article G. Miscellaneous Offenses (Refs & Annos)
Chapter 76. Computer Offenses (Refs & Annos)
Subchapter A. General Provisions
§ 7601. Definitions.
§ 7602. Jurisdiction.
§ 7603. Restitution.
§ 7604. Concurrent jurisdiction.
§ 7605. Defense.
§ 7606. Construction.
Subchapter E. Electronic Mail
§ 7661 - Unlawful transmission of electronic mail
§ 7601. Definitions.
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Access." To intercept, instruct, communicate with, store data in, retrieve data from or otherwise make use of any resources of a computer, computer system, computer network or database.
"Computer." An electronic, magnetic, optical, hydraulic, organic or other high-speed data processing device or system which performs logic, arithmetic or memory functions and includes all input, output, processing, storage, software or communication facilities which are connected or related to the device in a system or network.
"Computer data." A representation of information, knowledge, facts, concepts or instructions which is being prepared or has been prepared and is intended to be processed, is being processed or has been processed in a computer or computer network and may be in any form, whether readable only by a computer or only by a human or by either, including, but not limited to, computer printouts, magnetic storage media, punched card or stored internally in the memory of the computer.
"Computer network." The interconnection of two or more computers through the usage of satellite, microwave, line or other communication medium.
"Computer operation." Arithmetic, logical, monitoring, storage or retrieval functions and any combination thereof, including, but not limited to, communication with, storage of data to or retrieval of data from any device or human hand manipulation of electronic or magnetic impulses. In reference to a particular computer, the term also includes any function for which that computer was generally designed.
"Computer program." An ordered set of instructions or statements and related data that, when automatically executed in actual or modified form in a computer system, causes it to perform specified functions.
"Computer software." A set of computer programs, procedures or associated documentation concerned with the operation of a computer system.
"Computer system." A set of related, connected or unconnected computer equipment, devices and software.
"Computer virus." A computer program copied to, created on or installed to a computer, computer network, computer program, computer software or computer system without the informed consent of the owner of the computer, computer network, computer program, computer software or computer system that may replicate itself and that causes or can cause unauthorized activities within or by the computer, computer network, computer program, computer software or computer system.
"Database." A representation of information, knowledge, facts, concepts or instructions which are being prepared or processed or have been prepared or processed in a formalized manner and are intended for use in a computer, computer system or computer network, including, but not limited to, computer printouts, magnetic storage media, punched cards or data stored internally in the memory of the computer.
"Denial-of-service attack." An explicit attempt to prevent legitimate users of a service from using that service, including, but not limited to:
(1) flooding a network, thereby preventing legitimate network traffic;
(2) disrupting connections between two computers, thereby preventing access to a service;
(3) preventing a particular person from accessing a service; or
(4) disrupting service to a specific computer system or person.
"Deprive." To withhold property of another permanently or for so extended a period as to appropriate a major portion of its economic value, or with intent to restore only upon payment of reward or other compensation, or to dispose of the property so as to make it unlikely that the owner will recover it.
"Economic value." The market value of property or an instrument which creates, releases, discharges or otherwise affects a valuable legal right, privilege or obligation at the time and place of the crime or, if such cannot be satisfactorily ascertained, the cost of replacement of the property or instrument within a reasonable time after the crime.
"Electronic mail service provider." A person who is an intermediary in sending or receiving electronic mail or who provides to end-users of electronic mail services the ability to send or receive electronic mail.
"Electronic mail transmission information." Information used to identify the origin or destination of a transmission or to aid in its routing, including information recorded as part of electronic mail whether or not such information is displayed initially to the user upon receipt of electronic mail, that purports to represent the information used to identify the origin or destination of a transmission or to aid in its routing.
"Established business relationship." A prior or existing relationship formed by a voluntary two-way communication initiated by a person or entity and a recipient with or without an exchange of consideration, on the basis of an inquiry, application purchase or transaction by the recipient regarding products or services offered by such persons or entity. In regard to an inquiry, the person or entity shall obtain the consent of a recipient beyond the initial inquiry. An established business relationship does not exist if the recipient requests to be removed from the distribution lists of an initiator.
"Fax." The transmission of the facsimile of a document through a connection with a telephone or computer network.
"Financial instrument." Includes, but is not limited to, any check, draft, warrant, money order, note, certificate of deposit, letter of credit, bill of exchange, credit or debit card, transaction authorization mechanism, marketable security or any computer system representation thereof.
"Internet service provider." A person who furnishes a service that enables users to access content, information, electronic mail or other services offered over the Internet.
"Person." Any individual, corporation, partnership, association, organization or entity capable of holding a legal or beneficial interest in property.
"Property." Includes, but is not limited to, financial instruments, computer software and programs in either machine or human readable form, and anything of value, tangible or intangible.
"Telecommunication device." Any type of instrument, device, machine or equipment which is capable of transmitting, acquiring, decrypting or receiving any telephonic, electronic, data, Internet access, audio, video, microwave or radio transmissions, signals, communications or services, including the receipt, acquisition, transmission or decryption of all such communications, transmissions, signals or services over any cable television, telephone, satellite, microwave, radio or wireless distribution system or facility, or any part, accessory or component thereof, including any computer circuit, security module, smart card, software, computer chip, electronic mechanism or other component, accessory or part which is capable of facilitating the transmission, decryption, acquisition or reception of all such communications transmissions, signals or services.
"Wireless advertisement." The initiation of a telephone call or a message capable of providing text, graphic or image messages by a commercial mobile service provider, unlicensed wireless services provider or common carrier wireless exchange access service provider for the purpose of marketing goods or services. The term does not include a call or message to a person with that person's prior express invitation or permission or to a person with whom the caller has an established business relationship.
"World Wide Web." Includes, but is not limited to, a computer server-based file archive accessible over the Internet, using a hypertext transfer protocol, file transfer protocol or other similar protocols.
Credits
2002, Dec. 16, P.L. 1953, No. 226, § 3, effective in 60 days.
18 Pa.C.S.A. § 7601, PA ST 18 Pa.C.S.A. § 7601
Current through 2022 Regular Session Act 20. Some statute sections may be more current, see credits for details.
Effective: February 14, 2003
18 Pa.C.S.A. § 7601
§ 7602. Jurisdiction.
An offense under this chapter may be deemed to have been committed either at the place where conduct constituting an element of the offense occurred or at the place where the result which is an element of the offense occurred within this Commonwealth in accordance with section 102 (relating to territorial applicability). It shall be no defense to a violation of this chapter that some of the acts constituting the offense occurred outside of this Commonwealth.
Credits
2002, Dec. 16, P.L. 1953, No. 226, § 3, effective in 60 days.
18 Pa.C.S.A. § 7602, PA ST 18 Pa.C.S.A. § 7602
Current through 2022 Regular Session Act 20. Some statute sections may be more current, see credits for details.
Effective: February 14, 2003
18 Pa.C.S.A. § 7602
§ 7603. Restitution.
Upon conviction of an offense under section 7611 (relating to unlawful use of computer and other computer crimes), 7612 (relating to disruption of service) or 7616 (relating to distribution of computer virus), the sentence shall include an order for restitution to the victim for:
(1) the cost of repairing or replacing the affected computer, computer system, computer network, computer software, computer program, computer database, World Wide Web site or telecommunication device;
(2) lost profits for the period that the computer, computer system, computer network, computer software, computer program, computer database, World Wide Web site or telecommunication device is not usable; or
(3) the cost of replacing or restoring the data lost or damaged as a result of a violation of section 7611, 7612 or 7616.
Credits
2002, Dec. 16, P.L. 1953, No. 226, § 3, effective in 60 days.
18 Pa.C.S.A. § 7603, PA ST 18 Pa.C.S.A. § 7603
Current through 2022 Regular Session Act 20. Some statute sections may be more current, see credits for details.
Effective: February 14, 2003
18 Pa.C.S.A. § 7603
§ 7604. Concurrent jurisdiction.
The Attorney General shall have concurrent prosecutorial jurisdiction with the county district attorney for violations of this chapter. No person charged with a violation of this section by the Attorney General shall have standing to challenge the authority of the Attorney General to prosecute the case, and, if any such challenge is made, the challenge shall be dismissed and no relief shall be available in the courts of this Commonwealth to the person making the challenge.
Credits
2002, Dec. 16, P.L. 1953, No. 226, § 3, effective in 60 days.
18 Pa.C.S.A. § 7604, PA ST 18 Pa.C.S.A. § 7604
Current through 2022 Regular Session Act 20. Some statute sections may be more current, see credits for details.
Effective: February 14, 2003
18 Pa.C.S.A. § 7604
§ 7605. Defense.
It is a defense to an action brought pursuant to Subchapter B (relating to hacking and similar offenses) that the actor:
(1) was entitled by law or contract to engage in the conduct constituting the offense; or
(2) reasonably believed that he had the authorization or permission of the owner, lessee, licensee, authorized holder, authorized possessor or agent of the computer, computer network, computer software, computer system, database or telecommunication device or that the owner or authorized holder would have authorized or provided permission to engage in the conduct constituting the offense. As used in this section, the term "authorization" includes express or implied consent, including by trade usage, course of dealing, course of performance or commercial programming practices.
Credits
2002, Dec. 16, P.L. 1953, No. 226, § 3, effective in 60 days.
18 Pa.C.S.A. § 7605, PA ST 18 Pa.C.S.A. § 7605
Current through 2022 Regular Session Act 20. Some statute sections may be more current, see credits for details.
Effective: February 14, 2003
18 Pa.C.S.A. § 7605
§ 7606. Construction.
Nothing in Subchapter B (relating to hacking and similar offenses) shall be construed to interfere with or prohibit terms or conditions in a contract or license related to a computer, computer network, computer software, computer system, database or telecommunication device or software or hardware designed to allow a computer, computer network, computer software, computer system, database or telecommunications device to operate in the ordinary course of a lawful business or that is designed to allow an owner or authorized holder of information to protect data information or rights in it.
Credits
2002, Dec. 16, P.L. 1953, No. 226, § 3, effective in 60 days.
18 Pa.C.S.A. § 7606, PA ST 18 Pa.C.S.A. § 7606
Current through 2022 Regular Session Act 20. Some statute sections may be more current, see credits for details.
Effective: February 14, 2003
18 Pa.C.S.A. § 7606
§ 7661 - Unlawful transmission of electronic mail
(a) Offense defined.--A person commits the offense of unlawful transmission of electronic mail if he:
(1) Uses a computer or computer network without authority and with the intent to falsify or forge electronic mail transmission information or other routine information in any manner in connection with the transmission of unsolicited electronic mail through or into the computer network of an electronic mail service provider, Internet service provider or its subscribers.
(2) Sells, gives or otherwise distributes or possesses with the intent to sell, give or distribute computer software which:
(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 to enable the falsification of electronic mail transmission information or other routing information; or
(iii) is marketed by that person or another person acting in concert with that person with that person's knowledge for the use in facilitating or enabling the falsification of electronic mail transmission information or other routing information.
(b) Grading.--
(1) Except as provided in paragraphs (2) and (3), unlawful transmission of electronic mail is a misdemeanor of the third degree punishable by a fine of not more than $2,500.
(2) If there is damage to the property of another valued at $2,500 or more caused by that person's reckless disregard for the consequences of his act in violation of this section, unlawful transmission of electronic mail is a misdemeanor of the first degree punishable by a fine of not more than $10,000.
(3) If there is damage to the property of another valued at $2,500 or more caused by that person's malicious act in violation of this section, unlawful transmission of electronic mail is a felony of the third degree punishable by a fine of not more than $15,000.
(c) Rights preserved.--Nothing in this section shall be construed to:
(1) Establish any liability by reason of terms or conditions adopted by or technical measures implemented by an electronic mail service provider or Internet service provider doing business in this Commonwealth to prevent the transmission of unsolicited electronic mail in violation of this section.
(2) Interfere with or prohibit terms or conditions in a contract or license related to computers, computer data, computer networks, computer operations, computer programs, computer services or computer software.
(d) Definitions.--As used in this section, the term "electronic mail" shall include facsimiles and wireless advertisements in addition to other electronic mail.
Enactment. Chapter 76 was added December 16, 2002, P.L.1953, No.226, effective in 60 days.
Cross References. Chapter 76 is referred to in section 3915 of Title 20 (Decedents, Estates and Fiduciaries); section 3575 of Title 42 (Judiciary and Judicial Procedure).
Credits
2002, Dec. 16, P.L. 1953, No. 226, § 3, effective in 60 days.
18 Pa.C.S.A. § 7661, PA ST 18 Pa.C.S.A. § 7661
Current through 2022 Regular Session Act 20. Some statute sections may be more current, see credits for details.
Effective: February 14, 2003
18 Pa.C.S.A. § 7661
For more information, see here: https://govt.westlaw.com/pac/Document/NDD9122E0342D11DA8A989F4EECDB8638?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)
AND
https://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/18/00.076..HTM
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