Passed by both houses of the Legislature and signed by Governor.
Effective date: July 1, 1996.

HB 1630

A BILL to amend Article 6 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, known as the "Georgia Computer Systems Protection Act," so as to provide that it shall be unlawful for any person or organization knowingly to transmit certain misleading data through a computer or telephone network for the purpose of setting up, maintaining, operating, or exchanging data with an electronic mailbox, home page, or any other electronic information storage bank; and for other purposes.

H. B. No. 1630 (FLOOR SUBSTITUTE)(AM)
By: Representative Parsons of the 40th

A BILL TO BE ENTITLED
AN ACT

To amend Article 6 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, known as the "Georgia Computer Systems Protection Act," so as to provide that it shall be unlawful for any person or organization knowingly to transmit certain misleading data through a computer or telephone network for the purpose of setting up, maintaining, operating, or exchanging data with an electronic mailbox, home page, or any other electronic information storage bank; to provide for a penalty; to provide that civil actions are allowed; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Article 6 of Chapter 9 of Title 16 of the Official Code of Georgia Annotated, known as the "Georgia Computer Systems Protection Act," is amended by adding, following Code Section 16-9-93, a new Code Section 16-9-93.1 to read as follows:

"16-9-93.1.

(a) It shall be unlawful for any person, any organization, or any representative of any organization knowingly to transmit any data through a computer network or over the transmission facilities or through the network facilities of a local telephone network for the purpose of setting up, maintaining, operating, or exchanging data with an electronic mailbox, home page, or any other electronic information storage bank or point of access to electronic information if such data uses any individual name, trade name, registered trademark, logo, legal or official seal, or copyrighted symbol to falsely identify the person, organization, or representative transmitting such data or which would falsely state or imply that such person, organization, or representative has permission or is legally authorized to use such trade name, registered trademark, logo, legal or official seal, or copyrighted symbol for such purpose when such permission or authorization has not been obtained; provided, however, that no telecommunications company or Internet access provider shall violate this Code section solely as a result of carrying or transmitting such data for its customers.

(b) Any person violating subsection (a) of this Code section shall be guilty of a misdemeanor.

(c) Nothing in this Code section shall be construed to limit an aggrieved party's right to pursue a civil action for equitable or monetary relief, or both, for actions which violate this Code section."

SECTION 2.

Nothing contained herein shall prohibit a member of the General Assembly from using the state seal or the Georgia flag which contains the state seal on a home page that is clearly identified with the name of the member as the home page of that member.

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.