ABOUT ISIPP

IADB SENDERS
  ACCREDITING


DELIVERY MONITOR

PUBLICATIONS

UTAH & MI LAWS

Michigan Law

Utah Law

CAN-SPAM

CONSULTANTS

EDDB

EVENTS

STANDARDS

NEWS

LIBRARY

PRIVACY

CONTACT

HOME


ISIPP Friends:

Michigan's Child Protection Email Address Registry Law - Full Text

Michigan's Child Protection Email Address Registry Law

Full Text


Act No. 241

Public Acts of 2004

Approved by the Governor

July 21, 2004

Filed with the Secretary of State

July 21, 2004

EFFECTIVE DATE: July 21, 2004

 

STATE OF MICHIGAN

92ND LEGISLATURE

REGULAR SESSION OF 2004

Introduced by Senators Bishop, Birkholz, Cassis, Patterson, Garcia,
Sikkema, Kuipers, McManus, Gilbert, Allen, Van Woerkom, Brown,
Goschka, Hammerstrom, Jelinek, Hardiman, George, Jacobs, Brater,
Basham and Olshove

ENROLLED SENATE BILL No. 1025

AN ACT to establish the computer crime of sending certain electronic
messages to minors; to create a child protection registry; to provide
notice of contact points to which a minor has access; to prescribe the
powers and duties of certain state agencies and officials; to create a
fund and provide for fees; and to provide for penalties and remedies.

The People of the State of Michigan enact:

Sec. 1. This act shall be known and may be cited as the "Michigan
children's protection registry act".

Sec. 2. As used in this act:

(a) "Contact point" means any electronic identification to which
messages can be sent, including any of the following:

(i) An instant message identity.

(ii) A wireless telephone, a personal digital assistant, a pager
number, or any other similar wireless communication device.

(iii) A facsimile number.

(iv) An electronic mail address.

(v) Other electronic addresses subject to rules promulgated under this
act by the department.

(b) "Department" means the department of labor and economic growth.

(c) "Internet domain name" means a globally unique, hierarchical
reference to an internet host or service, assigned through centralized
internet authorities, comprising a series of character strings
separated by periods, with the right-most string specifying the top of
the hierarchy.

(d) "Minor" means an individual under the age of 18 years.

(e) "Person" means an individual, corporation, association,
partnership, or any other legal entity.

(f) "Registry" means the child protection registry created under
section 3.

Sec. 3. (1) The department shall establish and operate, or contract
with a qualified third party to establish and operate, the child
protection registry. The department or a third party administrator
shall establish procedures, to the extent possible, to prevent the use
or disclosure of protected contact points as required under section
6. If the department elects to contract with a third party, the
department shall give due consideration to any person located in this
state.

(2) A parent, guardian, individual, or an entity under subsection (4)
who is responsible for a contact point to which a minor may have
access may register that contact point with the department under rules
promulgated by the department under the administrative procedures act
of 1969, 1969 PA 306, MCL 24.201 to 24.328. The department shall
establish procedures to ensure that a registrant meets the
requirements of this subsection.

(3) A registration under this section shall be for not more than 3
years. If the contact point is established for a specific minor, the
registration expires the year the minor turns 18 years of age. A
registration can be revoked or renewed by the registrant upon
notification to the department.

(4) Schools and other institutions or entities primarily serving minor
children may register 1 or more contact points with the department. An
entity under this subsection may make 1 registration for all contact
points of the entity, and the registration may include the entity's
internet domain name under rules promulgated by the department under
the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328.

(5) No fee or charge shall be assessed or incurred by a person
registering a contact point under this act.

(6) The department shall establish a mechanism for senders to verify
compliance with the registry.

(7) A person desiring to send a message described in section 5 shall
pay the department a fee for access to the mechanism required under
subsection (6). The fee required under this subsection shall be set by
the department. The fee shall not exceed .03 cents and shall be based
on the number of contact points checked against the registry for each
time a contact point is checked. The mechanism to verify compliance
under subsection (6) and the fee required under this subsection shall
be established under rules promulgated by the department under the
administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to
24.328.

(8) The fees collected under this act shall be credited to the
    following:

(a) Eighty-five percent of the fees to the fund created under section
4.

(b) Not less than 15% of the fees to the attorney general to cover the
costs of investigating, enforcing, and defending this act and section
5a of 1979 PA 53, MCL 752.795a. The department may reimburse the
attorney general from the fund created under section 4 for any costs
incurred under this subdivision that exceed the fees credited under
this subdivision.

(9) The registry shall be fully operational not later than July 1,
    2005.

Sec. 4. (1) The children's protection registry fund is created as a
separate fund in the state treasury and administered by the
department. Money shall be deposited into the fund as required by
section 3(8)(a).

(2) The department shall expend money from the fund only for the
purposes of administering this act and for the investigation,
enforcement, and defense of this act and section 5a of 1979 PA 53, MCL
752.795a.

(3) All money, including interest and earnings, in the fund at the end
of the fiscal year shall remain in the fund and not revert to the
general fund.

Sec. 5. (1) A person shall not send, cause to be sent, or conspire
with a third party to send a message to a contact point that has been
registered for more than 30 calendar days with the department if the
primary purpose of the message is to, directly or indirectly,
advertise or otherwise link to a message that advertises a product or
service that a minor is prohibited by law from purchasing, viewing,
possessing, participating in, or otherwise receiving.

(2) A person desiring to send a message described in subsection (1)
shall use the mechanism created under section 3(6) to ensure
compliance with this act.

(3) The consent of a minor or third party to receive the message is
not a defense to a violation of this section.

(4) A person does not violate this act because the person is an
intermediary between the sender and recipient in the transmission of
an electronic message that violates this act or unknowingly provides
transmission of electronic messages over the person's computer network
or facilities that violate this act.

(5) The sending of a message described in subsection (1) is prohibited
only if it is otherwise a crime for the minor to purchase, view,
possess, participate in, or otherwise receive the product or service.

Sec. 6. (1) A person shall not release to another person information
concerning persons or provide access to contact points or other
information contained on the registry except as provided by this act.

(2) A person shall not sell or use the registry for any reason other
than to meet the requirements of this act.

(3) A person shall not access or attempt to access the registry except
as provided by this act.

(4) The registry created under this act is not subject to the freedom
of information act, 1976 PA 442, MCL 15.231 to 15.246.

Sec. 7. A violation of this act is a computer crime and a violation of
section 5a of 1979 PA 53, MCL 752.795a, subject to the penalties
provided for under sections 6a and 6b of 1979 PA 53, MCL 752.796a and
752.796b.

Sec. 8. (1) A civil action based on the computer crime established
under this act may be brought by an authorized individual or the
registrant of the contact point on behalf of a minor who has received
a message in violation of this act.

(2) A civil action based on the computer crime established under this
act may be brought by a person through whose facilities the message
was transmitted in violation of this act.

(3) A civil action based on the computer crime established under this
act may be brought by the attorney general against a person who has
violated this act.

(4) In each action brought under this section, the prevailing party
may be awarded reasonable attorney fees if the action is found by the
court to be frivolous.

(5) A person bringing an action under this section may recover 1 of
the following:

(a) Actual damages, including reasonable attorney fees.

(b) In lieu of actual damages, recover the lesser of the following:

(i) $5,000.00 per each message received by a recipient or transmitted.

(ii) $250,000.00 for each day that the violation occurs.

(6) If the attorney general has reason to believe that a person has
violated this act, the attorney general may investigate the business
transactions of that person. The attorney general may require that
person to appear, at a reasonable time and place, to give information
under oath and to produce such documents and evidence necessary to
determine whether the person is in compliance with the requirements of
this act.

(7) Any civil penalties collected by the attorney general under this
section shall be credited to the attorney general for the costs of
investigating, enforcing, and defending this act and section 5a of
1979 PA 53, MCL 752.795a.

(8) This section takes effect July 1, 2005.

Enacting section 1. This act does not take effect unless House Bill
No. 5979 of the 92nd Legislature is enacted into law.

 

This act is ordered to take immediate effect.

Secretary of the Senate

Clerk of the House of Representatives

Approved

Governor

The Michigan Email Child Protection Registry Law was then amended by:

Act No. 242

Public Acts of 2004

Approved by the Governor

July 21, 2004

Filed with the Secretary of State

July 21, 2004

EFFECTIVE DATE: July 21, 2004

STATE OF MICHIGAN

92ND LEGISLATURE

REGULAR SESSION OF 2004

Introduced by Reps. Palsrok, Stewart, Gieleghem, Woodward, Shulman,
Pappageorge, Phillips, Jamnick, DeRossett, Richardville, Spade,
Voorhees, Hager, Meyer, Newell, Vander Veen, Howell, Sheltrown,
Bradstreet, Gaffney, Pastor, LaJoy, Bieda, Meisner, Wojno, Acciavatti,
Vagnozzi, DeRoche, Taub, Accavitti, Stakoe, Hune, Gleason, Milosch,
Nofs, Wenke, Ward, Emmons, Stahl, Farhat, Moolenaar, Walker and
Casperson

ENROLLED HOUSE BILL No. 5979

AN ACT to amend 1979 PA 53, entitled "An act to prohibit access to
computers, computer systems, and computer networks for certain
fraudulent purposes; to prohibit intentional and unauthorized access,
alteration, damage, and destruction of computers, computer systems,
computer networks, computer software programs, and data; and to
prescribe penalties," (MCL 752.791 to 752.797) by amending the title
and by adding sections 5a, 6a, and 6b.

The People of the State of Michigan enact:

TITLE

An act to prohibit access to computers, computer systems, and computer
networks for certain fraudulent purposes; to prohibit intentional and
unauthorized access, alteration, damage, and destruction of computers,
computer systems, computer networks, computer software programs, and
data; to prohibit the sending of certain electronic messages; and to
prescribe penalties.

Sec. 5a. A violation of the Michigan children's protection registry
act is a violation of this act.

Sec. 6a. (1) A person who violates section 5a is guilty of the
following:

(a) For the first violation, a misdemeanor punishable by imprisonment
for not more than 1 year or a fine of not more than $10,000.00, or
both.

(b) For the second violation, a felony punishable by imprisonment for
not more than 2 years or a fine of not more than $20,000.00, or both.

(c) For the third and any subsequent violation, a felony punishable by
imprisonment for not more than 3 years or a fine of not more than
$30,000.00, or both.

(2) A person does not violate section 5a because the person is an
    intermediary between the sender and recipient in the transmission
    of an electronic message that violates section 5a or unknowingly
    provides transmission of electronic messages over the person's
    computer network or facilities that violate section 5a.

(3) It is a defense to an action brought under this section that the
    communication was transmitted accidentally. The burden of proving
    that the communication was transmitted accidentally is on the
    sender.

(4) This section does not take effect until July 1, 2005.

Sec. 6b. All money and other income, including all proceeds earned but
not yet received by a defendant from a third party as a result of the
defendant's violations of this act, and all computer equipment, all
computer software, and all personal property used in connection with
any violation of this act known by the owner to have been used in
violation of this act are subject to lawful seizure and forfeiture in
the same manner as provided under sections 4701 to 4709 of the revised
judicature act of 1961, 1961 PA 236, MCL 600.4701 to 600.4709.

Enacting section 1. This amendatory act does not take effect unless
Senate Bill No. 1025 of the 92nd Legislature is enacted into law.

 

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor

Download our FREE toolbar and get instant email deliverability help wherever you are! Download Now
Email Accreditation | Deliverability Consulting | Policy Consulting | Publications | MailFlipz | About | News | Blog | Privacy | Contact
Copyright © 2004-2008, Institute for Social Internet Public Policy