An Act To Control Unsolicited Commercial E-mail
Maine Legislature, Session 121, LD 1188
Committee: Utilities and Energy
Sponsors: SHOREY
Amends: 17-A MRSA §431

Legislative Document 
No. 1188 
S.P.392 
In Senate, March 6, 2003 
An Act To Control Unsolicited Commercial E-mail 
Reference to the Committee on Utilities and Energy suggested and ordered printed. 
Presented by Senator SHOREY of Washington. 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. I. 10 MRSA c. 228 is enacted to read: 
CHAPTER 228 
COMPUTER TRESPASS 
§1500-G. Definitions 
As 
used 
in this 
chapter, 
unless 
the 
context 
otherwise 
indicates, the following terms have the following meanings. 
1. 
Computer. 
"Computer" 
means 
an electronic, 
magnetic, 
optical, hydraulic or organic device or group of devices that. 
pursuant to a computer program, 
human instruction or permanent 
instructions contained in the device or group of devices, 
can 
automatically perform computer operations with or on computer 
data and can communicate the results to another computer or a 
person. 
"Computer" includes any connected or directly related 
device, equipment or facility that enables the computer to store, 
retr ieve or communicate computer programs, computer data or the 
results of computer operations to or 
from 
a 
person, 
another 
computer or another device. 
2. 
Computer data or data. 
"Computer data" or "data" means 
any representation of information, knowledge, facts, concepts or 
instructions that is being prepared or has been prepared and is 
intended 
to 
be 
processed, 
is 
being 
processed 
or 
has 
been 
processed in a computer or computer network. "Computer data" may 
be in any form, whether readable only by a computer or only by a 
human or by either, 
including, 
but not limited to, 
computer 
printouts, 
magnetic 
storage 
media, 
punched 
cards, 
or 
stored 
internally in the memory of the computer. 
3. 
Computer information. 
"Computer information" means 
a 
representation of 
information, 
knowledge, 
facts, 
concepts 
or 
instructions that are confidential or proprietary, 
are 
being 
prepared or have been prepared from an organized set of data and 
are 
located in 
computer 
memory 
or 
on 
magnetic, 
optical 
or 
mechanical media transferable directly to or useable directly ~ 
a computer as a source of data or instructions. 
4. 
Computer 
network. 
"Computer 
network" 
means 
a 
combination of one or more computers and communication facilities 
with the capability to transmit information among the devices or 
computers. 
5. 
Computer 
QPeration. 
"Computer 
operation" 
means 
arithmetic, logical, monitoring, storage or retr ieval functions 
Page l-LRl718 (1) 
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and any combination of those functions and includes, but is not 
limited to, communication with, storage of data to or retrieval 
of data from any device or human hand manipulation of electronic 
or magnetic impUlses. 
A "computer operation" for a particular 
computer may also be any function for which that computer was 
generally designed. 
6. 
Computer program. 
"Computer program" means an ordered 
set of data representing coded instructions or statements that, 
when executed by a computer, cause the computer to process data. 
7. 
Computer resource. 
"Computer resource" means a computer 
program, 
computer 
software, 
a 
computer 
system, 
a 
computer 
network, computer information or any combination thereof. 
8. 
CODJputer services. 
"Computer services" means external 
services, including data processing services, Internet services, 
electronic mail services and electronic message services, 
and 
information or data stored in connection with those services. 
9. 
Computer software. 
"Computer software" means a set of 
computer 
programs, 
procedures 
and 
associated 
documentation 
concerned with computer data or with the operation of a computer, 
computer program or computer network. 
10. 
Computer 
system. 
"Computer 
system" 
means 
any 
combination of a computer or computers with the documentation, 
computer software or physical facilities supporting the computer. 
11. 
Computer trespass. 
"Computer trespass" is defined as 
using a computer or computer network without authority and with 
the intent to disable 
or 
damage 
computer 
software, 
data or 
programs; to make an unauthorized copy of computer software, data 
or programs; to falsify electronic mail transmission information 
in 
connection with 
unsolicited bulk 
electronic mail; 
or 
to 
possess, with the intent to distribute, 
software designed to 
facilitate 
the 
falsification 
of electronic mail 
transmission 
information. 
12. 
Damage. 
"Damage" 
means to destroy, alter, disrupt, 
delete, add, modify or rearrange any computer resource by any 
means. 
13. 
Electronic mail service provider. 
"Electronic mail 
service provider" means 
any person who is an intermediary in 
sending or receiving electronic mail and provides to end users of 
electronic 
mail 
services 
the 
ability 
to 
send 
or 
receive 
electronic mail. 
14. 
Financial instrument. 
"Financial instrument" means, 
without limitation, any check, draft, warrant, money order, note, 
certificate of deposit, 
letter of credit, bill of exchange, 
credit or debit card, 
transaction authorization mechanism or 
marketable security and 
any computerized representation of 
a 
financial instrument. 
15. 
Property. 
"Property" means: 
A. Real property; 
B. Computers and computer networks; 
C. Financial instruments, computer data, computer programs, 
computer software and all other personal property regardless 
of whether the property is: 
(1) Tangible or intangible; 
(2) In a format readable by humans or by a computer: 
(3) In transit between computers or within a computer 
network 
or 
between 
any 
devices 
that 
comprise 
a 
computer; or 
(4) 
Located on any paper or device on which it is 
stored by a computer or by a human; and 
D. Computer services. 
16. 
Unsolicited bulk electronic mai1. 
"Unsolicited bulk 
electronic 
mail" 
means 
any 
electronically 
mailed 
document 
consisting of advertising material for the lease, sale, rental, 
gift offer or other disposition of any realty, goods, services or 
extension of credit that: 
A. Is addressed to a recipient with whom the initiator does 
not have an existing business or personal relationship; and 
B. 
Is not sent at the reguest of, 
or with the express 
consent of, the recipient. 
Transmission of electronic mail 
from 
an organization to its 
members is not unsolicited bulk electronic mail. 
§1500-B. 
Computer trespass 
It is illegal to use a computer or computer network with the 
intent 
to 
distribute 
software 
designed 
to 
facilitate 
the 
falsification of electronic mail transmission information. 
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.. 
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1. Civil relief: damages. 
A person who 
suffers damages 
through computer trespass is entitled to the following civil 
relief. 
A. Any person whose property or person is injured by reason 
of a violation of any provision of Title 17 -A, section 434 
may sue therefor and recover for any damages sustained and 
the costs of suit. Without limiting the generality of the 
term, "damages" includes loss of profits. 
B. 
If 
the 
injury 
under 
paragraph 
A 
arises 
from 
the 
transmission 
of 
unsolicited 
bulk 
electronic 
mail, 
the 
injured 
person, 
other 
than 
an 
electronic 
mail 
service 
provider, may also recover attorney's fees and costs and may 
elect. in lieu of actual damages, to recover $10 for each 
unsolicited bulk 
electronic mail 
message 
transmitted 
in 
violation of Title 17-A, chapter 18 or $25,000 per day, 
whichever is less. 
The injured person does not have a cause 
of action against the electronic mail 
service provider, 
which merely transmits the unsolicited bulk electronic mail 
over its computer network. 
C. 
If 
the 
injury 
under 
paragraph 
A 
arises 
from 
the 
transmission of unsolicited bulk electronic mail, an injured 
electronic mail service provider may also recover attorney's 
fees and costs and may elect, in lieu of actual damages, to 
recover 
$10 
for 
each 
unsolicited 
bulk 
electronic 
mail 
message transmitted in violation of Title 17 -A, chapter 18 
or $25,000 per day, whichever is greater. 
At the request of any party to an action brought pursuant to this 
section, the court may, 
in its discretion, 
conduct all legal 
proceedings in such a way as to protect the secrecy and security 
of 
the 
computer, 
computer 
network, 
computer 
data, 
computer 
program 
and 
computer 
software 
involved in order 
to 
prevent 
possible recurrence of the 
same or 
a 
similar act by another 
person and to protect any trade secrets of any party. 
The provisions of this chapter may not be construed to limit any 
person's right to pursue any additional civil remedy otherwise 
allowed by law . 
Sec. 2. 17-A MRSA §431, sub-§2, as enacted by PL 1989, c. 620, 
is repealed and the following enacted in its place: 
2. 
"Computer" 
means 
an 
electronic, 
magnetic, 
optical, 
hydraulic or organic device or group of devices that, pursuant to 
a computer program, human instruction or permanent instructions 
contained in the device or group of devices, can automatically 
perform computer operations with or on computer data and can 
communicate 
the 
results 
to 
another 
computer 
or 
a 
person. 
"Computer" 
includes any connected or directly related device, 
equipment 
or 
facility 
that 
enables 
the 
computer 
to 
store, 
retrieve or communicate computer programs, computer data or the 
results of computer operations to or 
from 
a 
person, 
another 
computer or another device. 
Sec.3. 17-A MRSA §431. sub-§2-A is enacted to read: 
2-A. 
"Computer data" or "data" means any representation of 
information, knowledge, facts, concepts or instructions that is 
being prepared or 
has 
been prepared 
and 
is 
intended 
to 
be 
processed, is being processed or has been processed in a computer 
or computer network. "Computer data" may be in any form, whether 
readable only by a 
computer or only by a human or by either, 
including, 
but 
not 
limited 
to, 
computer 
printouts, 
magnetic 
storage media, punched cards, or stored internally in the memory 
of the computer. 
Sec.4. 17-A MRS A §431, sub-§4-A is enacted to read: 
4-A. 
"Computer 
operation" 
means 
arithmetic, 
logical, 
monitoring, storage or retrieval functions and any combination of 
those 
functions 
and 
includes, 
but 
is 
not 
limited 
to, 
communication with, storage of data to or retrieval of data from 
any device or human hand manipulation of electronic or magnetic 
impulses. 
A "computer operation" for a particular computer may 
also 
be 
any 
function 
for 
which that computer 
was 
generally 
designed. 
Sec. 5. 17-A MRSA §431. sub-§5-A is enacted to read: 
5-A. 
"Computer services" means external services, including 
data processing 
services, 
Internet 
services, 
electronic mail 
services and electronic message services, and information or data 
stored in connection with those services. 
Sec. 6. 17-A MRSA §431. sub-§6, as enacted by PL 1989, c. 620, 
is repealed and the following enacted in its place: 
6. 
"Computer software" means 
a set of computer programs, 
procedures and associated documentation concerned with computer 
data or with the operation of a computer, computer program or 
computer network. 
Sec. 7. 17-A MRSA §431, sub-§8, as enacted by PL 1989, c. 620, 
is amended to read: 
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-
8. 
"Computer resource" means a computer program, 
software, 
Q 
computer 
system, 
Q 
computer 
network, 
information or any combination thereof. 
computer 
computer 
Sec. 8. 17·A MRSA §431, sub·§§10·A and 10·B are enacted to 
read: 
lO-A. 
"Electronic mail service provider" means any person 
who is an intermediary in sending or receiving electronic mail 
and provides to end users of electronic mail services the ability 
to send or receive electronic mail. 
lO-B. 
"Financial instrument" means, without limitation, any 
check, draft, warrant, money order, note, certificate of deposit, 
letter 
of 
credit, 
bill 
of 
exchange, 
credit 
or 
debit 
card, 
transaction authorization mechanism or marketable security and 
any computerized representation of a financial instrument. 
Sec. 9. 17·A MRSA §431, sub.§l1, as enacted by PL 
1989, c. 
620, is repealed and the following enacted in its place: 
11. 
"Not 
authorized" 
and 
"without 
authority" 
mean 
not 
having the: 
A. 
Right or permission of the owner to use a computer or 
using 
a 
computer 
in 
a 
manner 
exceeding 
that 
right 
or 
permission; or 
B. 
Authority granted by, 
or being in violation of, 
the 
policies set by an electronic mail service provider to use a 
computer, a computer network or the computer services of the 
electronic mail 
service provider to 
transmit unsolicited 
bulk electronic mail. 
Sec. 10. 17·A MRSA §431. sub·§§12 to 14 are enacted to read: 
12. 
"Owner" means an owner or lessee of a 
computer or a 
computer network or an owner, 
lessee or licensee of computer 
data, computer programs or computer software. 
13. 
"Property" means: 
A. Real property; 
B. Computers and computer networks; 
C. Financial instruments, computer data, computer programs, 
computer software and all other personal property regardless 
of whether the property is: 
(1) Tangible or intangible; 
(2) In a format readable by humans or by a computer; 
(3) In transit between computers or wi thin a computer 
network 
or 
between 
any 
devices 
that 
comprise 
a 
computer; or 
(4) Located on any paper or in any device on which it 
is stored by a computer or by a human; and 
D. Computer services. 
14. 
"Unsolicited 
bulk 
electronic 
mail" 
means 
any 
electronically mailed document consisting of advertising material 
for the lease, sale, rentaL gift offer or other disposition of 
any realty, goods, services or extension of credit that meets 
both of the following requirements: 
A. 
The document is 
initiator does not 
relationship; and 
addressed to a recipient with whom the 
have an existing business or personal 
B. The document is not sent at the request of, or with the 
express consent of, the recipient. 
Transmission of electronic mail 
from 
an 
organization 
to its 
members is not unsolicited bulk electronic mail. 
Sec. II. I7·A MRSA §434 is enacted to read: 
§434. Computer trespass; penalty 
1. 
A person is guilty of computer trespass if that person 
intentionally or knowingly: 
A. Uses a computer or computer network without authority and 
with the intent to: 
(1) 
Temporarily 
or 
permanently 
remove, 
hal t 
or 
otherwise disable any computer data, computer programs 
or 
computer 
software 
from 
the 
computer or 
computer 
network; 
(2) Cause the computer to malfunction, 
regardless of 
how long the malfunction persists; 
(3) Alter or erase any computer data, computer programs 
or computer software; 
.. 
(4) Effect the creation or alteration of a financial 
instrument or of an electronic transfer of funds; 
(5) Cause physical injury to the property of another; 
(6) Make or cause to be made an unauthorized copy in 
any form, including, but not limited to, any printed or 
electronic form of computer data, computer programs or 
computer 
software 
residing 
in, 
communicated 
by 
or 
produced by the computer or computer network; or 
(7) 
Falsify 
or 
forge 
electronic 
mail 
transmission 
information or other routing information in any manner 
in connection with the transmission of unsolicited bulk 
electronic mail through or into the computer network of 
an electronic mail service provider or its subscribers; 
or 
B. Sells, gives or otherwise distributes, or possesses with 
the intent to sell, give or otherwise distribute, software 
that: 
(1) Is primarily designed or produced for the purpose 
of 
facilitating 
or 
enabling 
the 
falsification 
of 
electronic 
mail 
transmission 
information 
or 
other 
routing information; 
( 2) Has only limited commercially significant purpose 
or 
use 
other 
than 
to 
facilitate 
or 
enable 
the 
falsification 
of 
electronic 
mail 
transmission 
information or other routing information; or 
(3) Is marketed by that person or another acting in 
concert with that person with that person's knowledge 
for use in facilitating or enabling the falsification 
of electronic mail transmission information or other 
routing information. 
2. Computer trespass is a Class E crime. If there is damage 
to the property of another valued at $2,500 or more caused by a 
person's reckless disregard for the consequences of that person's 
act, the offense is a Class D crime. If there is damage to the 
property of another valued at $5,000 or more 
caused by the 
person's malicious act, the offense is a Class C crime. 
3. This section may not be construed to interfere with or 
prohibit terms or conditions in a contract or license related to 
computers, computer data, computer networks, computer operations, 
computer programs, computer services or computer software or to 
create any liability by reason of terms or conditions adopted by, 
or technical measures implemented by, an electronic mail service 
provider based in this State to prevent the transmission of 
unsolicited electronic mail in violation of this chapter. 
SUMMARY 
This bill amends the Maine Revised Statutes, Title 17 -A by 
making 
"computer 
trespass" 
a 
crime. 
"Computer 
trespass" 
is 
defined as using a computer or computer network without authority 
and with the intent to disable or damage computer software, data, 
or programs; to make an unauthorized copy of computer software, 
data or programs; to falsify e-mail transmission information in 
connection with unsolicited bulk e-mail; or to possess with the 
intent 
to 
distribute 
software 
designed 
to 
facilitate 
the 
falsification of e-mail transmission information. 
This bill also 
amends Title 
by creating civil relief when 
a 
person or 
person's property is damaged by computer trespass.