Oklahoma Anti-Phishing Act
15 OK Stat § 15-776.8 - § 15-776.20
Oklahoma Statutes
Title 15. Contracts
§15-776.8. Short title.
§15-776.9. Definitions.
§15-776.10. Fraudulent use of web page or Internet domain name.
§15-776.11. Civil action – Standing – Remedies – Attorney fees and costs – Nature of violations.
§15-776.12. Exemptions.
§15-776.20. Legislative findings.
§15-776.8. Short title.
Sections 4 through 7 of this act shall be known and may be cited as the “Anti-Phishing Act”.
Added by Laws 2006, c. 56, § 3, eff. Nov. 1, 2006.
§15-776.9. Definitions.
As used in the Anti-Phishing Act:
1. "Electronic mail" means a message, file, or other information that is transmitted through a local, regional, or global computer network, regardless of whether the message, file, or other information is viewed, stored for retrieval at a later time, printed, or filtered by a computer program that is designed or intended to filter or screen those items;
2. "Electronic mail address" means a destination, commonly expressed as a string of characters, to which electronic mail may be sent or delivered;
3. "Identifying information" means information that alone or in conjunction with other information identifies an individual, including but not limited to:
a.name, social security number, date of birth, and government-issued identification number,
b.unique biometric data, including the fingerprint, voice print, and retina or iris image of an individual,
c.unique electronic identification number, address, and routing code, financial institution account number, and
d.telecommunication identifying information or access device;
4. "Internet domain name" refers to a globally unique, hierarchical reference to an Internet host or service, assigned through a centralized Internet naming authority and composed of a series of character strings separated by periods with the right-most string specifying the top of the hierarchy; and
5. "Web page" means a location that has a single uniform resource locator (URL) with respect to the world wide web or another location that can be accessed on the Internet.
Added by Laws 2006, c. 56, § 4, eff. Nov. 1, 2006.
§15-776.10. Fraudulent use of web page or Internet domain name.
A person may not, with the intent to engage in conduct involving the fraudulent use or possession of the identifying information of a person:
1. Create a web page or Internet domain name that is represented as a legitimate online business without the authorization of the registered owner of the business; and
2. Use that web page or a link to the web page, that domain name, or another site on the Internet to induce, request, or solicit another person to provide identifying information for a purpose that the other person believes is legitimate.
Added by Laws 2006, c. 56, § 5, eff. Nov. 1, 2006.
§15-776.11. Civil action – Standing – Remedies – Attorney fees and costs – Nature of violations.
A. The following persons may bring a civil action against a person who violates the Anti-Phishing Act:
1. A person engaged in the business of providing Internet access service to the public who is adversely affected by the violation; or
2. An owner of a web page or trademark who is adversely affected by the violation.
B. A person bringing an action under this Act may:
1. Seek injunctive relief to restrain the violator from continuing the violation;
2. Recover damages in an amount equal to the greater of:
a.actual damages arising from the violation, or
b.One Hundred Thousand Dollars ($100,000.00) for each violation of the same nature; or
3. Seek both injunctive relief and recover damages as provided for in this subsection.
C. The court may increase an award of actual damages in an action brought under this section to an amount not to exceed three times the actual damages sustained if the court finds that the violations have occurred with a frequency as to constitute a pattern or practice.
D. A plaintiff who prevails in an action filed under this section is entitled to recover reasonable attorney fees and court costs.
E. For purposes of this section, violations are of the same nature if the violations consist of the same course of conduct or action, regardless of the number of times the conduct or act occurred.
F. All acts and practices declared to be unlawful under this Act shall, in addition, be violations of the Oklahoma Consumer Protection Act.
Added by Laws 2006, c. 56, § 6, eff. Nov. 1, 2006.
§15-776.12. Exemptions.
The Anti-Phishing Act shall not apply to the good faith transmission or routing of, or intermediate temporary storing or caching of, identifying information by a telecommunications provider or Internet service provider.
Added by Laws 2006, c. 56, § 7, eff. Nov. 1, 2006.
§15-776.20. Legislative findings.
The Legislature finds that the citizens of this state are potential targets of a phone scam known as caller ID spoofing or caller ID fraud that allows a caller to hide his or her true identity by modifying caller ID information with the intent to mislead, defraud or deceive the recipient of the telephone call. It is, therefore, the intent of the Anti-Caller ID Spoofing Act to protect people from such scams which have led to the loss of personal information, harassment and potentially threatening phone calls.
Added by Laws 2007, c. 107, § 1, eff. Nov. 1, 2007.
Anti-Phishing Act (Oklahoma Statutes Sec. 15-776.8 through 15-776.12, added by Laws of 2006, House Bill 2473, approved April 17, 2006, effective November 1, 2006.)
For more information, see here: http://www.oklegislature.gov/osstatuestitle.html
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