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HOUSE DOCKET, NO. 2409         FILED ON: 2/18/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3536

 

The Commonwealth of Massachusetts

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PRESENTED BY:

Thomas A. Golden, Jr.

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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 relative to identity theft and online predators on the Internet.

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PETITION OF:

 

Name:

District/Address:

Thomas A. Golden, Jr.

16th Middlesex

Stephen L. DiNatale

3rd Worcester

Martin J. Walsh

13th Suffolk


HOUSE DOCKET, NO. 2409        FILED ON: 2/18/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3536

By Mr. Golden of Lowell, a petition (accompanied by bill, House, No. 3536) of Thomas A. Golden, Jr., Stephen L. DiNatale and Martin J. Walsh for legislation to protect consumers using the Internet from identity theft and online predators.  Consumer Protection and Professional Licensure. 


The Commonwealth of Massachusetts
 

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In the Year Two Thousand Eleven

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An Act relative to identity theft and online predators on the Internet.
 

              Whereas, The deferred operation of this act would tend to defeat its purpose, which is to fight online identify theft and online predators, therefore, it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
 

              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.  Chapter 25C of the General Laws is hereby amended by adding the following section:-

              Section 8.  As used in this act, the following words shall, except as otherwise provided, have the following meanings:-

              "Internet service provider", a facilities based provider or other entity that provides consumers with the ability to access the Internet in exchange for consideration such as through a paid subscription or through an agreement to view specific ads or content in exchange for Internet access."Internet service provider" shall not include an entity that provides wireless access to the Internet through an unlicensed spectrum.

              Fees paid by the Internet service providers shall be remitted to the department of revenue quarterly on or before the twentieth day of the first month of the next succeeding quarter. The Internet service provider shall pay 15 cents per month to the Internet Crimes Investigation Fund, established by section 8 of chapter 29 be permitted to deduct and retain 3 per cent of the fees collected annually for each subscriber as an administration fee.

              The internet service provider shall not charge the consumer for said fee paid to the department of revenue. Any such charge shall be an unfair and deceptive act pursuant to chapter 93A.

              No Internet service provider shall be required to provide refunds nor produce any records to substantiate any claim for refund.

              The consumer shall produce all necessary records to support the claims.

              Beginning on or after July 1, 2011, the state treasurer shall deposit an amount equal to the monies received by the state treasury from the Internet service the Internet Crimes Investigation Fund, established by section 8 of chapter 29.

              The state police shall conduct through the

              Internet and specially designed to protect citizens of the commonwealth accessing the Internet from criminals operating through the Internet. These activities include the

              following:

              (a)              Locating, investigating, and bringing to justice those who would commit sex crimes upon children whom those persons locate through the Internet, communicate with through the Internet, or both.

              (b)              Locating, investigating, and bringing to justice those persons who use the Internet to facilitate the trading of images of pornography involving children.

              (c)              Locating, investigating, and bringing to justice those persons who use the Internet to facilitate fraudulent schemes in an effort to defraud our citizens with Internet access of money, goods, services, and other things.

              Computer forensic examination services of computers and other electronic devices associated with allegations of crimes committed against or attempted against victims of the commonwealth as a direct result of their having had Internet access.

              Proactive training of local law enforcement in the proper handling of crimes perpetrated or attempted against citizens of the commonwealth as a result of these victims having had Internet access.

              The attorney general shall submit an annual report to the general court on or before 30 days prior of the regular session of the general court on the status of the Internet Crimes Investigation Fund, established by section 8 of chapter 29,  including the amounts deposited into the fund and performance data related to expenditures out of the fund.

              SECTION 2.  Chapter 29 of the General Laws is hereby amended by inserting after section 2BBBB the following section:-

              Section 2CCCC.  There shall be established and set upon the books of the commonwealth a separate fund to be known as the Internet Crimes Investigation Fund. Amounts credited to the fund shall be administered by the department of revenue              which shall determine that the funds are used for activities consistent with the purpose of this act. Such fund shall be a separate and expendable administered by said department. There shall be credited to the fund any source of monies that are equal to 15 cents per month for each consumer account billed for Internet access. This fee shall be paid by the Internet access service provider for each account billed and remitted to the department of revenue. Such fee shall be collected by the Internet access service provided from each account billed and remitted to the department of revenue. No Internet service provider shall be liable to any person on any claim arising from or in any way related to the collection or remittance of the fee imposed pursuant to this section, including, but not limited to, refunds of the fee to a consumer, failing to identify and collect the fee, or any use of the fee. Revenues credited to the fund shall be used, subject to appropriation, for the state police to fight online identify theft and online predators. The monies in the fund shall be invested by the treasurer in the same manner as the monies in the General Fund, and all interest earned shall be deposited and credited to the fund. All unexpended or unencumbered monies remaining in the fund at the end of the fiscal year shall remain in the fund.

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