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Why is this law needed?
Hardly a day goes by in which the news media do not report new examples of the use of computers and the Internet to commit fraud and economic crimes such as online auction fraud and identity theft.Equally troublesome is the problem of "spam." Unsolicited bulk e-mail, sometimes referred to as "spam" or "Unsolicited Commercial Electronic mail", is electronic mail which is unsolicited and sent for the purpose of selling the recipient goods, services, or properties. Commercial Electronic mail advertisements are most often used for multi-level marketing schemes, get-rich-quick schemes, work-at-home schemes, questionable products or pornography. Unsolicited e-mail from adult-oriented Web sites has increased 450 percent since June of 2001. In fact, adult oriented spam comprises 8 percent of all unsolicited messages --- double the percentage from last year. Not only does SPAM affect consumer and citizen email users but it can cripple businesses and Internet Service Providers.
Former Attorney General Jerry W. Kilgore worked with the Virginia hi-tech community and Internet Service Providers as well as Delegate Jeannemarie Devolites and Senator Ken Stolle to draft and support the new Anti-Spam Legislation passed by the 2003 Virginia General Assembly. This law is a first of its kind in the United States and is a comprehensive and leading effort to revise the Code of Virginia to address crimes committed via computers or computer networks involving spam and obscenity over the Internet.
What does this new law do?
I think I may have received illegal SPAM, what should I do?
If the unsolicited bulk e-mail appears to use false headers or routing information or appears to be sent using fraudulent means, you should first inform your Internet Service Provider as the suspected SPAMMER may have violated the terms and conditions of your Internet Service Provider’s usage policies. Criminal SPAM and other computer crimes cases can be prosecuted by local law enforcement. You should contact your local police department or Commonwealth Attorney’s offices. The Office of the Attorney General’s Computer Crimes Unit may also be able to help you or your local law enforcement in the prosecution of a criminal case. Keep in mind, the Virginia Computer Crimes Act also gives citizens a civil remedy and you can take the SPAMMER to court yourself.
Who investigates and prosecutes SPAM cases?
Local police, the state police, the Attorney General’s Office Computer Crimes Unit and Federal Law Enforcement may all investigate and prosecute criminal SPAM cases where unsolicited bulk e-mail is sent using FRAUDULENT means. Some of the larger Internet Service Providers have fraud and security departments who may conduct their own investigations and assist law enforcement.
What are the penalties?
If the SPAM is sent with fraudulent header or routing information and is accompanied by one of the following aggravating factors then it is punishable as a Class 6 Felony. A Class 6 Felony is punishable by a one to five year prison sentence and up to $2500 fine or both.
All other SPAM sent with fraudulent use of heading or routing information, but without these aggravating factors is punishable as a Class 1 Misdemeanor. A Class 1 Misdemeanor is punishable by up to twelve months in jail, a $2500 fine or both.
SPAM sent with fraudulent use of heading or routing information and containing obscene material is also punishable as a Class 1 Misdemeanor and for a second or subsequent offense it is punishable as a Class 6 Felony.
When will the new law take effect?
The new law will took effect on July 1, 2003.
If you have further questions about SPAM or other computer crimes, please call the Computer Crime Unit of the Office of the Attorney General. 804.786.2071.