ROBERT L. EHRLICH, JR., Governor                          H.B. 1320

Robert L. Ehrlich, Jr.
Governor

House Bill No. 1320

AN ACT concerning

Maryland Spam Control Deterrence Act

FOR the purpose of prohibiting a person from using certain protected computers to
relay or retransmit certain commercial electronic mail messages with the intent
to deceive or mislead recipients or an Internet electronic mail service provider
under certain circumstances; prohibiting a person from materially falsifying
certain header information in certain commercial electronic mail messages
under certain circumstances; prohibiting a person from registering for certain
electronic mail accounts or domain names under certain circumstances;
prohibiting a person from conspiring to or falsely representing the right to use
certain Internet protocol addresses under certain circumstances; providing that
certain violations of this Act are misdemeanors; prohibiting the provision or
selection of certain electronic mail addresses under certain circumstances;
providing for certain penalties and fines for certain violations of this Act under
certain circumstances; providing for additional penalties and fines under certain
circumstances; authorizing the forfeiture of certain moneys, income, and
property under certain circumstances; authorizing the Attorney General to
institute a civil action under certain circumstances; providing for a civil penalty;
authorizing certain injunctive relief under certain circumstances; authorizing
the Attorney General to enforce criminal violations of this Act; providing for the
construction of this Act; defining certain terms; and generally relating to the
Maryland Spam Control Deterrence Act.

BY adding to

Article - Criminal Law

Section 3-805.1

Annotated Code of Maryland

(2002 Volume and 2003 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Criminal Law

3-805.1.

(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.

(2) "COMMERCIAL ELECTRONIC MAIL MESSAGE" MEANS AN
ELECTRONIC MESSAGE SENT PRIMARILY FOR THE PURPOSE OF COMMERCIAL
ADVERTISEMENT OR PROMOTION OF:

- 3315 -