07 LC 28
3299
Senate
Bill 59
By:
Senators Staton of the 18th, Harp of the 29th, Carter of the 13th, Rogers of the
21st, Hooks of the 14th and others
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 9 of Title 16 of the Official Code of Georgia Annotated, relating
to forgery and fraudulent practices, so as to provide definitions; to provide
that it shall be illegal for the owner or operator of a social networking
website to allow a minor using a protected computer to create or maintain a
profile web page on a social networking website without the permission of the
minor´s parent or guardian and without providing such parent or guardian
access to such profile web page; to provide for penalties; to provide for
related matters; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
9 of Title 16 of the Official Code of Georgia Annotated, relating to forgery and
fraudulent practices, is amended by adding a new Article 10 to read as
follows:
"ARTICLE
10
16-9-170.
As
used in this article, the term:
(1)
'Internet' means the global information system that is logically linked together
by a globally unique address space based on the Internet Protocol or its
subsequent extensions; that is able to support communications using the
Transmission Control Protocol/Internet Protocol suite, its subsequent
extensions, or other Internet Protocol compatible protocols; and that provides,
uses, or makes accessible, either publicly or privately, high level services
layered on the communications and related infrastructure described in this
paragraph.
(2)
'Person' means a person as defined by Code Section 16-1-3 and specifically
includes any limited liability company, trust, joint venture, or other legally
cognizable entity.
(3)
'Protected computer' means any computer that, at the time of an alleged
violation of any provision of this article involving that computer, was located
within the geographic boundaries of the State of Georgia.
(4)
'Social networking website' means a website on the Internet that contains
profile web pages of the members of the website containing the name or nickname
of the member, photographs placed on the profile web page by the member, and
other personal information about the member; contains links to other profile web
pages on the social networking website of friends or associates of the member
that can be accessed by other members or visitors to the website; and provides
members of or visitors to the social networking website the ability to leave
messages or comments on the profile web page that are visible to all or some
visitors to the profile web page and may also include a form of electronic mail
for members of the social networking website.
16-9-171.
(a)
It shall be illegal for the owner or operator of a social networking website to
allow a minor using a protected computer to create or maintain a profile web
page on a social networking website without the permission of the minor´s
parent or guardian and without providing such parent or guardian access to such
profile web page at all times.
(b)
Any person violating this Code section, upon conviction, shall:
(1)
On the first offense, be guilty of a misdemeanor of a high and aggravated
nature; and
(2)
On the second and subsequent offenses, be guilty of a felony and shall be
sentenced to imprisonment for not less than one nor more than five years, to pay
a fine of not more than $50,000.00, or both."
SECTION
2.
All
laws and parts of laws in conflict with this Act are repealed.