Virginia Internet Policy

WASHINGTON, D.C. -- Governor Jim Gilmore today signed into law seven bills, creating the nation's first comprehensive state Internet policy. The legislation provides that unsolicited bulk electronic mail (spam) violations are incorporated into the Computer Crimes Act, formally establishes the Secretary of Technology, extends the Privacy Protection Act to the Internet, enhances penalties for the use of encryption in committing crimes, and extends state law to allow requested information sought under Virginia's Freedom of Information Act to be posted on the Internet or sent via electronic mail.

"Virginia is rapidly emerging as the nation's leader in information technology, the Internet, and Internet policy," Governor Gilmore said. "The first comprehensive state Internet policy was developed to be a model policy with input from technology leaders and government officials. This policy will chart a new course for our nation's future, a future in which the information economy will be of vital importance to the Commonwealth and the country."

On May 21, 1998, Governor Gilmore appointed Don Upson as Virginia's first Secretary of Technology -- the nation's first state cabinet-level technology officer -- by Executive Order. Today, the Governor signed companion bills HB 2188 (Del. Joe May) and SB 808 (Sen. Ed Schrock), thereby formally establishing the Secretariat of Technology.

The Governor created the Governor's Commission on Information Technology, consisting of 36 business, technology and government leaders. The members of the commission recommended that the Commonwealth take a proactive stance in creating a business climate that allows electronic commerce to flourish, while also calling for strong prosecution of those who use the Internet for fraud or invasions of privacy, and taking steps to prevent the dissemination of spam. In addition, they asked the Governor and Virginia lawmakers to place more government functions on-line to further empower the citizens of Virginia.

As a result of these recommendations, the nation's first comprehensive state Internet policy was developed and signed into law by the Governor. Governor Gilmore signed the following bills:

• HB 2236 (Del. Joe May) enhances penalties for the use of encryption in committing crimes.
• Companion bills HB 1714 (Del. Jack Rust) and SB 881 (Sen. Bill Mims) provide that spamming be part of the Computer Crimes Act and make it easier for Virginia Internet Service Providers to combat unsolicited bulk e-mail.
• HB 2152 (Del. Sam Nixon) extends the Privacy Protection Act to information collected or managed over the Internet.
• HB 1043 (Del. Thomas M. Jackson, Jr.) provides for filtering of Internet access on public computers.

Governor Gilmore has long been concerned about the future of electronic commerce in the nation. Last year, along with Congressman Chris Cox (R-CA) and U.S. House Commerce Committee Chairman Tom Bliley (R-VA), he spearheaded the movement to continue the federal moratorium on Internet taxation.

Late last year, Gilmore was appointed by former Speaker of the U.S. House of Representatives Newt Gingrich to the federal Advisory Commission on Electronic Commerce (ACEC). Gilmore is expected to chair the 19-member commission and its study of federal, state, local and international taxation and tariffs on transactions using the Internet and Internet access. He has called for three meetings of the commission to be held in Williamsburg, Virginia, the Silicon Valley in California, and Austin, Texas.

Governor Gilmore signed the pieces of legislation at a news conference in Washington, D.C.

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Bill Summaries:

• Virginia Computer Crimes Act; electronic mail. Amends Virginia's long-arm statute to provide that using a computer or computer network located in Virginia constitutes an act in Virginia. The bill also (i) expands the definitions of "computer services" and "without authority" and provides a new definition for "electronic mail service provider" in the Virginia Computer Crimes Act; (ii) makes it the crime of computer trespass to (a) falsify or forge e-mail message transmission information in connection with unsolicited bulk e-mail and (b) knowingly sell, give, distribute, or possess software whose principal purpose is to facilitate unsolicited bulk e-mail; (iii) provides that electronic mail service providers shall not be liable for actions they take to prevent unsolicited bulk email; (iv) provides civil relief to an injured person, other than an electronic mail service provider, for actual damages or the lesser of $10 for each unsolicited bulk e-mail message or $25,000 per day and states that the injured person shall not have a cause of action against an electronic mail service provider which merely transmits the e-mail message; (v) provides civil relief to an injured electronic mail service provider for actual damages or the greater of $10 for each unsolicited bulk e-mail message or $25,000 per day; and (vi) cross-references the Virginia long-arm statute in the Virginia Computer Crimes Act to ensure the establishment of personal jurisdiction in Virginia's courts. The purpose of the bill is curb a practice known as "spamming," the sending of unsolicited electronic mail to unsuspecting recipients. The bill is a recommendation of the Joint Commission on Technology and Science and is identical to HB 1668 and SB 881.

• Privacy Protection Act; definitions. Clarifies that the definition of "information system" includes information collected or managed by means of the Internet.

• Secretary of Technology created. Creates the Secretary of Technology of the Commonwealth, who shall also function as Virginia's Chief Information Officer, and provides for the powers and duties thereof. The bill assigns responsibility to the Secretary for the Department of Information Technology, Innovative Technology Authority, Virginia Geographic Information Network Advisory Board, Virginia Information Providers Network Authority, and the new Department of Technology Planning (DTP), which is also created in the bill. The bill abolishes the Council on Information Management (CIM) and transfers its employees to the new DTP. The bill also repeals the Virginia Technology Council (VTC) and makes technical changes and corrections to accommodate the new Secretariat and the new DTP and the abolishment of CIM and VTC. The bill also contains technical amendments to the various listings of boards, commissions, and councils in Titles 2.1 and 9 that have changed names or been repealed in previous legislative sessions. Identical to HB 1727 and SB 808.

• Encryption used in criminal activity. Provides that any person who willfully uses encryption to further any criminal activity shall be guilty of an offense which is separate and distinct from the predicate criminal activity and punishable as a Class 1 misdemeanor. Encryption is defined as the enciphering of intelligible data into unintelligible form or the deciphering of unintelligible data into intelligible form.

• Acceptable Internet Use Policies (AIUP) in Virginia's public schools and libraries. On or before December 1, 1999, requires every school division superintendent and local public library board (or its equivalent) to file an AIUP with the Superintendent of Public Instruction and the Librarian of Virginia, respectively.