S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10330

                          I N  A S S E M B L Y

                              May 22, 2012
                               ___________

Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
  Committee on Governmental Operations

AN ACT to amend the state technology law, in relation  to  digital  mail
  communications

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known and may  be  cited  as
the "secure digital mail communications act of 2012".
  S  2. The state technology law is amended by adding a new article 5 to
read as follows:
                                 ARTICLE V
                   SECURE DIGITAL MAIL COMMUNICATIONS
SECTION 501. DEFINITION.
        502. COMPLIANCE WITH STATUTORILY MANDATED COMMUNICATIONS.
        503. REQUIREMENTS FOR DIGITAL MAIL DELIVERY SERVICE.
        504. RULES AND REGULATIONS.
  S 501. DEFINITION. AS USED IN  THIS  ARTICLE  "DIGITAL  MAIL  DELIVERY
SERVICE"  MEANS  A  SERVICE  THAT  (A)  EMPLOYS  SECURITY  PROCEDURES TO
PROVIDE, SEND, DELIVER OR OTHERWISE COMMUNICATE  ELECTRONIC  RECORDS  TO
THEIR  INTENDED  RECIPIENTS  BY  MEANS THAT UTILIZE (I) SECURITY METHODS
SUCH AS PASSWORDS, ENCRYPTION AND MATCHING AN ELECTRONIC  ADDRESS  TO  A
PERSON'S  PHYSICAL  U.S.  POSTAL ADDRESS, OR (II) OTHER SECURITY METHODS
THAT ARE CONSISTENT WITH APPLICABLE LAW OR INDUSTRY STANDARDS;  AND  (B)
OPERATES  SUBJECT TO OTHERWISE APPLICABLE REQUIREMENTS OF THE ELECTRONIC
SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT OR THE UNIFORM ELECTRONIC
TRANSACTIONS ACT ALLOWING INFORMATION TO BE PROVIDED, SENT, DELIVERED OR
OTHERWISE COMMUNICATED BY OR FROM A GOVERNMENT AGENCY, GOVERNMENT  OFFI-
CIAL OR ANY PERSON ACTING WITH OFFICIAL GOVERNMENT AUTHORITY TO A PERSON
IN THE FORM OF AN ELECTRONIC RECORD.
  S  502.  COMPLIANCE  WITH STATUTORILY MANDATED COMMUNICATIONS. ANY LAW
REQUIRING A GOVERNMENT AGENCY, GOVERNMENT OFFICIAL OR ANY PERSON  ACTING
WITH  OFFICIAL GOVERNMENT AUTHORITY TO COMMUNICATE WITH PERSONS IN WRIT-
ING OR BY MAIL OR THE LIKE MAY BE SATISFIED BY USE OF A  SECURE  DIGITAL
MAIL DELIVERY SERVICE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD15267-01-2

A. 10330                            2

  S  503.  REQUIREMENTS  FOR  DIGITAL  MAIL  DELIVERY  SERVICE.  FOR THE
PURPOSES OF THIS ARTICLE, A DIGITAL MAIL DELIVERY SERVICE SHALL:
  (A)  ALLOW  RECIPIENTS OF COMMUNICATIONS TO OPT-INTO RECEIVING DIGITAL
MAIL DELIVERY FROM EACH ENTITY FROM A LIST OF PUBLIC OR COMMERCIAL ENTI-
TIES, INCLUDING BUSINESSES AND PUBLIC OR GOVERNMENT AGENCIES;
  (B) SATISFY ALL EXISTING PRIVACY AND  SECURITY  REQUIREMENTS  FOR  THE
COMMUNICATION THAT IS BEING SENT;
  (C)  PROVIDE  THE SENDER WITH A DELIVERY LOG AND AUDIT CAPABILITY WHEN
PROOF OF MAILING OR PROOF OF DELIVERY IS REQUIRED; AND
  (D) USE AT LEAST TWO DIFFERENT SOURCES OF VERIFICATION TO  ENSURE  THE
IDENTIFY  OF  THE  SUBSCRIBER  AND  THE  CURRENT PHYSICAL ADDRESS OF THE
SUBSCRIBER.
  S 504. RULES AND REGULATIONS. THE DIRECTOR SHALL PROMULGATE RULES  AND
REGULATIONS NECESSARY TO EFFECTUATE THE PURPOSES OF THIS ARTICLE.
  S 3. This act shall take effect on the one hundred twentieth day after
it  shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rules or regulations necessary for the  imple-
mentation of this act on its effective date are authorized to be made on
or before such date.