LD 1188
pg. 6
Page 5 of 9 An Act To Control Unsolicited Commercial E-mail Page 7 of 9
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LR 1718
Item 1

 
8. "Computer resource" means a computer program, computer
software, a computer system, a computer network, computer
information or any combination thereof.

 
Sec. 8. 17-A MRSA §431, sub-§§10-A and 10-B are enacted to read:

 
10-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.

 
10-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-§11, 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repealed and the following enacted in its place: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:


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