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                                                       PRINTER'S NO. 438

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

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
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     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
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     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.










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