00SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 410                                                                             
01 "An Act relating to the crime of unauthorized interception and distribution of                                          
02 electronic messages; and relating to privacy of information provided to and                                             
03 electronic messages handled by Internet service providers."                                                             
04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                               
05    * Section 1.  AS 11.76 is amended by adding a new section to read:                                                 
06  Sec. 11.76.125.  Unauthorized interception and distribution of electronic                                            
07 messages.  (a)  A person who knowingly distributes to a third party, without authority                                 
08 to do so from the writer or from the person to whom the message is addressed, an                                        
09 electronic message that is not addressed to the person is guilty of a class A                                           
10 misdemeanor.                                                                                                            
11  (b)  A person who knowingly intercepts, without authority to do so from the                                           
12 writer or from the person to whom the message is addressed, an electronic message                                       
13 that is not addressed to the person is guilty of a class B misdemeanor.                                                 
14  (c)  In a prosecution under this section, it is an affirmative defense that                                           

01   (1)  the defendant was the supervisor of the writer of the message or of                                             
02 the person to whom the message was addressed;                                                                           
03   (2)  the defendant was acting in accordance with written policies of the                                             
04 employer concerning the sending or receipt of electronic messages or use of a                                           
05 computer provided by the employer; and                                                                                  
06   (3)  the computer used to write or receive the message was the property                                              
07 of the employer.                                                                                                        
08    (d)  In a prosecution under (b) of this section, it is an affirmative defense that                                  
09 the writer of the message or the intended recipient knowingly permitted the defendant                                   
10 to have access to the contents of the message.                                                                          
11  (e)  In a prosecution under this section, it is an affirmative defense that the                                       
12 writer of the message or the intended recipient was a minor for whose safety and                                        
13 conduct the defendant was responsible at the time that the message was intercepted or                                   
14 distributed.                                                                                                            
15  (f)  In this section, "distributes" includes delivery by any means, including                                         
16 electronic mail.                                                                                                        
17    * Sec. 2.  AS 42 is amended by adding a new chapter to read:                                                       
18 Chapter 50.  Computers and Electronic Data.                                                                           
19  Sec. 42.50.010.  Privacy provisions relating to Internet service subscriptions                                       
20 and electronic mail.  (a)  When an Internet service provider activates a new account                                   
21 for a subscriber, the service provider shall directly notify the subscriber of the service                              
22 provider's policies regarding access to information in the possession or control of the                                 
23 service provider.  The service provider may provide the notification by mail or by                                      
24 electronic mail, addressed to the subscriber's address and to the subscriber's personal                                 
25 attention.  The notification must include                                                                               
26   (1)  a description of the personal identifying information concerning the                                            
27 subscriber in the possession of the service provider to which access will be                                            
28   (A)  available without restriction to users of the Internet;                                                        
29   (B)  restricted by the service provider;                                                                            
30   (2)  the circumstances under which the service provider will disclose                                                
31 contents of a subscriber's electronic mail or web site traffic to law enforcement                                       

01 officials;                                                                                                              
02   (3)  the circumstances under which the network administrator or network                                              
03 contractor of the service provider is permitted to review the contents of the                                           
04 subscriber's electronic mail or web site traffic;                                                                       
05   (4)  the service provider's policy with regard to the sale or redistribution                                         
06 of subscriber information.                                                                                              
07  (b)  A subscriber may request, in writing or by electronic mail, that the                                             
08 subscriber's Internet service provider hold the subscriber's identifying information                                    
09 confidential.  An Internet service provider that has received a request from a subscriber                               
10 to hold the subscriber's identifying information confidential may not                                                   
11   (1)  sell the information; or                                                                                        
12   (2)  redistribute the information unless the redistribution is necessary to                                          
13 ensure the proper functioning of the network.                                                                           
14  (c)  An Internet service provider that sells a subscriber's identifying information                                   
15 after the provider has received a request that the information be held confidential is                                  
16 liable to the subscriber for the subscriber's damages or for liquidated damages in the                                  
17 amount of $250.                                                                                                         
18  (d)  In this section, "network contractor" means the person or entity paid                                            
19 directly by the service provider to supply and maintain bandwidth, server space, and                                    
20 network support software.