View Daily Data Tracking History
View Bill Text
View Statement of Purpose / Fiscal Impact
S1110.........................................................by STATE AFFAIRS
POLITICAL CYBERFRAUD ABATEMENT ACT - Adds to existing law to set forth the
Political Cyberfraud Abatement Act.
02/11 Senate intro - 1st rdg - to printing
02/12 Rpt prt - to Com/HuRes
02/28 Rpt out - rec d/p - to 2nd rdg
03/03 2nd rdg - to 3rd rdg
03/06 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde,
Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley,
McKenzie, McWilliams, Noble(Anderson), Noh, Pearce, Richardson,
Schroeder, Sorensen, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsors - Stennett & Davis
Title apvd - to House
03/07 House intro - 1st rdg - to St Aff
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE SENATE
SENATE BILL NO. 1110
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO POLITICAL CYBERFRAUD; AMENDING TITLE 34, IDAHO CODE, BY THE ADDI-
3 TION OF A NEW CHAPTER 26, TITLE 34, IDAHO CODE, TO PROVIDE A SHORT TITLE,
4 TO SET FORTH LEGISLATIVE FINDINGS AND INTENT, TO DEFINE TERMS, TO PROVIDE
5 THAT IT IS UNLAWFUL FOR A PERSON TO COMMIT AN ACT OF POLITICAL CYBERFRAUD
6 WITH THE INTENT TO MISLEAD, DECEIVE OR DEFRAUD, TO PROVIDE EXCEPTIONS, TO
7 SET FORTH PENALTIES; AND TO PROVIDE FOR SEVERABILITY.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Title 34, Idaho Code, be, and the same is hereby amended
10 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
11 ter 26, Title 34, Idaho Code, and to read as follows:
12 CHAPTER 26
13 POLITICAL CYBERFRAUD ABATEMENT ACT
14 34-2601. SHORT TITLE. This chapter shall be known and may be cited as the
15 "Political Cyberfraud Abatement Act."
16 34-2602. LEGISLATIVE FINDINGS AND INTENT. The legislature finds that:
17 (1) The world wide web is a unique arena for the free and open exchange
18 of ideas.
19 (2) Political cybersquatting stifles that open exchange, thus undermining
20 the essential element of our democracy.
21 (3) Political cybersquatting involves the cynical and deceitful practice
22 of co-opting the website domain name or address of a competitor for political
23 office in order to keep the public away from the competitor's website.
24 (4) Political cybersquatting has the effect of denying a voter access, or
25 interfering with a voter's access, to information that will enable the person
26 to make a knowledgeable electoral decision. Political cybersquatting is the
27 equivalent of stealing campaign literature out of a voter's mailbox because it
28 prevents a voter from accessing or being aware of particular electoral infor-
29 mation.
30 (5) Political cybersquatting violates principles of free speech by deny-
31 ing unfettered access to the free and open exchange of ideas.
32 (6) Therefore, it is the intent of the legislature to protect the free
33 and open exchange of ideas at the heart of our electoral system by prohibiting
34 the act of political cybersquatting.
35 34-2603. DEFINITIONS. As used in this chapter, "political cyberfraud"
36 means a knowing and willful act concerning a political website that is commit-
37 ted with the intent to deny a person access to a political website, deny a
38 person the opportunity to register a domain name for a political website, or
39 cause a person reasonably to believe that a political website has been posted
40 by a person other than the person who posted the website. Political cyberfraud
2
1 includes, but is not limited to, any of the following acts:
2 (1) Intentionally diverting or redirecting access to a political website
3 to another person's website by the use of a similar domain name, metatags or
4 other electronic measures;
5 (2) Intentionally preventing or denying exit from a political website by
6 the use of frames, hyperlinks, mouse-trapping, pop-up screens or other elec-
7 tronic measures;
8 (3) Registering a domain name that is similar to another domain name for
9 a political website with the intent to cause confusion;
10 (4) Intentionally preventing the use of a domain name for a political
11 website by registering and holding the domain name or by reselling it to
12 another with the intent of preventing its use.
13 34-2604. VIOLATION -- EXCEPTIONS. (1) It is unlawful for any person to
14 commit an act of political cyberfraud with the intent to mislead, deceive or
15 defraud.
16 (2) The provisions of this chapter shall not apply to a domain name reg-
17 istrar, registry or registration authority.
18 34-2605. PENALTIES. (1) A violation of this chapter shall be punishable
19 by a fine not to exceed one thousand dollars ($1,000) for each day the viola-
20 tion occurs.
21 (2) A court may order the transfer of a domain name as part of the relief
22 awarded.
23 SECTION 2. SEVERABILITY. The provisions of this act are hereby declared
24 to be severable and if any provision of this act or the application of such
25 provision to any person or circumstance is declared invalid for any reason,
26 such declaration shall not affect the validity of the remaining portions of
27 this act.
STATEMENT OF PURPOSE
RS 12619
There is a proliferation of "political cybersquatting" which is the
practice of co-opting the website domain name or address of a
competitor for political office in order to keep the public away from
the competitor s website. This violates the basic principles of free
speech and denies the voter s access to information necessary to making
informed decisions in the election process. This bill makes it illegal
to engage in such practice and provides penalties.
FISCAL IMPACT
There is no fiscal impact.
Contact
Name: Sen. Stennett
Phone: 332-1351
STATEMENT OF PURPOSE/FISCAL NOTE S 1110