PRINTER'S NO. 438
No. 390 Session of 2007
INTRODUCED BY CORMAN, WONDERLING, RAFFERTY, GORDNER, BROWNE, COSTA, TARTAGLIONE, WOZNIAK, ORIE, O'PAKE, REGOLA, WAUGH, STACK, ROBBINS, KASUNIC, C. WILLIAMS, TOMLINSON, BAKER, FERLO, BRUBAKER, FONTANA, RHOADES, LAVALLE, PIPPY, LOGAN, PUNT AND STOUT, MARCH 13, 2007
REFERRED TO COMMUNICATIONS AND TECHNOLOGY, MARCH 13, 2007
AN ACT 1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania 2 Consolidated Statutes, providing for the offense of phishing. 3 The General Assembly of the Commonwealth of Pennsylvania 4 hereby enacts as follows: 5 Section 1. Chapter 76 of Title 18 of the Pennsylvania 6 Consolidated Statutes is amended by adding a subchapter to read: 7 SUBCHAPTER F 8 PHISHING 9 Sec. 10 7671. Definitions. 11 7672. Phishing. 12 7673. Good Samaritan protection. 13 7674. Civil relief. 14 § 7671. Definitions. 15 The following words and phrases when used in this subchapter 16 shall have the meanings given to them in this section unless the
1 context clearly indicates otherwise: 2 "Communication." A message conveyed by oral, written or 3 electronic means, including telephone, electronic mail, 4 Internet, facsimile, telex, wireless communication or similar 5 transmission. 6 "Identifying information." Any document, photographic, 7 pictorial or computer image of another person, or any fact used 8 to establish identity, including any of the following: 9 (1) Name. 10 (2) Birth date. 11 (3) Social Security number. 12 (4) Driver's license number or nondriver governmental 13 identification number. 14 (5) Telephone number. 15 (6) Checking or savings account number. 16 (7) Student identification number. 17 (8) Employee or payroll number. 18 (9) Electronic signature. 19 "Legitimate business." A business that is registered to do 20 business under the law of any jurisdiction. 21 "Web page." A location, with respect to the Internet, that 22 has a single uniform resource locator or other single location. 23 § 7672. Phishing. 24 (a) Offense of phishing.--An actor commits the offense of 25 phishing under the following circumstances, with the intent to 26 defraud or injure anyone or with the knowledge that a fraud is 27 being facilitated or that an injury is being perpetrated by 28 anyone: 29 (1) the actor makes a communication under false 30 pretenses by or on behalf of a legitimate business without 20070S0390B0438 - 2 -
1 the authority or approval of the business; 2 (2) the actor uses the communication to induce, request 3 or solicit a person to provide identifying information; and 4 (3) the person provides the identifying information to 5 the actor or an accomplice of the actor. 6 (b) Additional violations.--It shall also be a violation of 7 this section for a person to sell or distribute any identifying 8 information obtained in violation of subsection (a) with the 9 intent to defraud or injure anyone or with the knowledge that a 10 fraud is being facilitated or that an injury is being 11 perpetrated by anyone. 12 (c) Venue.--An offense committed under this section may be 13 deemed to have been committed at any of the following locations: 14 (1) The place where a person possessed or used the 15 identifying information of another person under false 16 pretenses. 17 (2) The residence of the person whose identifying 18 information has been lost, stolen or used under false 19 pretenses. 20 (3) The business or employment address of the person 21 whose identifying information has been lost or stolen or has 22 been used under false pretenses if the identifying 23 information at issue is associated with the person's business 24 or employment. 25 (d) Grading.--A violation of subsection (a) shall be graded 26 as a felony of the third degree. A violation of subsection (b) 27 shall be graded as a felony of the second degree. 28 (e) Concurrent jurisdiction to prosecute.--In addition to 29 the authority conferred upon the Attorney General by the act of 30 October 15, 1980 (P.L.950, No.164), known as the Commonwealth 20070S0390B0438 - 3 -
1 Attorneys Act, the Attorney General shall have the authority to 2 investigate and to institute criminal proceedings for any 3 violation of this section or any series of violations involving 4 more than one county of this Commonwealth or another state. No 5 person charged with a violation of this section by the Attorney 6 General shall have standing to challenge the authority of the 7 Attorney General to investigate or prosecute the case, and, if 8 the challenge is made, the challenge shall be dismissed and no 9 relief shall be made available in the courts of this 10 Commonwealth to the person making this challenge. 11 § 7673. Good Samaritan protection. 12 No Internet service provider may be held liable under any 13 provision of the laws of this Commonwealth or of one of its 14 political subdivisions for removing or disabling access to 15 content that resides on an Internet website or other online 16 location controlled or operated by the provider which the 17 provider believes in good faith is used to engage in a violation 18 of this subchapter. 19 § 7674. Civil relief. 20 (a) Civil actions for relief.--Any of the following persons 21 may bring a civil action against a person who violates this 22 subchapter. 23 (1) An Internet service provider who is adversely 24 affected by the violation. 25 (2) An owner of a web page or a trademark that is used 26 without authorization in the violation. 27 (b) Civil remedies.--A person permitted to bring a civil 28 action under this section may do any of the following: 29 (1) Seek injunctive relief to restrain the violator from 30 continuing the violation. 20070S0390B0438 - 4 -
1 (2) Recover damages in an amount equal to the greater of 2 the following: 3 (i) Actual damages arising from the violation. 4 (ii) One hundred thousand dollars for each violation 5 of the same nature. 6 (3) Obtain both injunctive relief and damages as 7 provided in this subsection. 8 (c) Treble damages.--The court may increase an award of 9 actual damages in an action brought under this section to an 10 amount not to exceed three times the actual damages sustained if 11 the court finds that the violations have occurred with a 12 frequency as to constitute a pattern or practice. 13 (d) Attorney fees.--A person who prevails in an action filed 14 under this section shall be entitled to recover reasonable 15 attorneys fees and court costs. 16 Section 2. This act shall take effect in 60 days. A2L18MSP/20070S0390B0438 - 5 -