NY State Senate Bill 2021-S8301

Senate Bill S8301

2021-2022 Legislative Session

Requires e-mail service providers to implement a procedure to authenticate an individual's identity when such individual creates an e-mail account

download bill text pdf

Archive: Last Bill Status - In Senate Committee Internet And Technology Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 10, 2022	referred to internet and technology

2021-S8301 (ACTIVE) - Details

See Assembly Version of this Bill:: A8581
Current Committee:: Senate Internet And Technology
Law Section:: General Business Law
Laws Affected:: Add §390-d, Gen Bus L
Versions Introduced in 2023-2024 Legislative Session:: S4850, A2357

2021-S8301 (ACTIVE) - Summary

Requires e-mail service providers to implement a procedure to authenticate an individual's identity when such individual creates a new e-mail account.

2021-S8301 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8301

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the general business law, in relation to requiring
e-mail service providers to implement a procedure to authenticate an
individual's identity when such individual creates an e-mail account

 
PURPOSE OR GENERAL IDEA OF BILL:

Requires e-mail service provides to implement a procedure to authenti-
cate an individual's identity when such individual creates an e-mail
address.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 provides the procedures for authentication of an e-mail
account that must be implemented by the e-mail service provider when a
user creates a new e-mail account.

JUSTIFICATION:

The difficulty in determining the real-life identity of an e-mail
account holder, in many cases, is next to impossible. Therefore, it is
necessary that we disallow bad actors to have free reign to create a
new, anonymous online identities at a moment's notice to evade the
consequences of their criminal actions.

The freedoms of the intemet are important. It is indisputable that
anonymity is a good thing when it comes to conducting legitimate, legal
online activity. However, a line is crossed when this freedom to engage
in malicious, anonymous activity online empowers a person to cause
immeasurable damage to another in the physical world.

The requirement that authentication be conducted to create an e-mail
account is necessary to prevent intemet crime from harming people the
physical world. With authentication, district attorney's will be
empowered to find and arrest cyber criminals, giving all internet users
peace of mind in knowing that if they are defrauded, there is a good
chance that the perpetrator of the fraud will be apprehended.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This law shall take effect on the ninetieth day after it shall have
become law.

2021-S8301 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8301
 
                             I N  S E N A T E
 
                             February 10, 2022
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Internet and Technology
 
 AN ACT to amend the general  business  law,  in  relation  to  requiring
   e-mail  service  providers to implement a procedure to authenticate an
   individual's identity when such individual creates an e-mail account

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 390-d to read as follows:
   §  390-D.  IDENTITY  AUTHENTICATION  FOR  E-MAIL  ACCOUNTS. 1. FOR THE
 PURPOSES OF THIS  SECTION  "E-MAIL  SERVICE  PROVIDER"  SHALL  MEAN  ANY
 PERSON,  BUSINESS OR ORGANIZATION QUALIFIED TO DO BUSINESS IN THIS STATE
 THAT PROVIDES INDIVIDUALS, CORPORATIONS,  OR  OTHER  ENTITIES  WITH  THE
 ABILITY TO SEND E-MAIL MESSAGES.
   2.  ALL  E-MAIL  SERVICE  PROVIDERS DOING BUSINESS IN THIS STATE SHALL
 DEVELOP AND IMPLEMENT A PROCEDURE TO AUTHENTICATE AN INDIVIDUAL'S  IDEN-
 TITY WHEN SUCH INDIVIDUAL CREATES A NEW E-MAIL ACCOUNT.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13376-01-1

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