HOUSE DOCKET, NO. 3161        FILED ON: 1/21/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2860

The Commonwealth of Massachusetts

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PRESENTED BY:

William M. Straus

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act to further protect citizens of the Commonwealth from skimming and radio frequency identification theft.

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PETITION OF:

HOUSE DOCKET, NO. 3161        FILED ON: 1/21/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2860

The Commonwealth of Massachusetts

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In the Year Two Thousand Eleven

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An Act to further protect citizens of the Commonwealth from skimming and radio frequency identification theft.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1.  Section 37E of chapter 266 is hereby further amended by the following definitions in subsection (a):-

“Radio frequency identification”, the use of electromagnetic radiating waves and reactive field coupling in the radio frequency portion of the spectrum to read or communicate personal identifiable information to or from a radio frequency identification document through a variety of modulation and encoding schemes.

  “Radio frequency identification reader”, an electronic device capable of reading, activating, triggering, or receiving information or data from a radio frequency identification tag.

“Radio frequency identification tag”, an electronic identifier comprised of electronic tags, electronic product codes, electronic chips, circuits or other triggering devices which contain identification information, data signals or other information related to the product, manufacturer, contents, serial number, date, purchaser, seller, destination, origin, package, carton, material, object or person to which it is attached, embedded or associated, and which information or data is capable of being wirelessly transmitted to or read by an radio frequency identification reader or system.

"Reencoder", an electronic device that places encoded information from the computer chip or magnetic strip or stripe of a payment card onto the computer chip or magnetic strip or stripe of another payment card or any electronic medium that allows an authorized transaction to occur.

"Scanning device", a scanner, reader or any other electronic device that is used to access, read, scan, obtain, memorize or store, temporarily or permanently, information encoded on the computer chip or magnetic strip or stripe of a payment card

“Skimming”, the use of a scanning device or reencoder to obtain personal identification information for the purpose of committing fraud, identity theft or any other unlawful act.

SECTION 2.   Section 37E of Chapter 266 is hereby amended by inserting the following new subsection:

Whoever, with intent to defraud, obtains personal identifying information about another person by means of skimming or a radio frequency identification reader without the express authorization of such person, shall be punished by a fine of not more than $10,000 or imprisonment in a house of correction for not more than two and one-half years, or by both such fine and imprisonment.