Senate Bill No. 684
(By Senator Oliverio, McKenzie, Hunter, Sharpe, Ross, Prezioso,
Helmick, Edgell, Fanning, Minard, Mitchell and Minear)
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[Introduced February 18, 2002; referred to the Committee
on the Judiciary; and then to the Committee on Finance.]
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A BILL to amend and reenact section two, article six-g, chapter
forty-six-a of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to requiring publicly
funded computers to have screening devices to screen out
pornographic material.
Be it enacted by the Legislature of West Virginia:
That section two, article six-g, chapter forty-six-a of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 6G. ELECTRONIC MAIL PROTECTION ACT.
ยง46A-6G-2. Limitations on unauthorized electronic mail; mandatory
screening of internet services provided on public
use computers and other devices which are funded by the state.
(a) No person may initiate the transmission of an unauthorized
electronic mail message with the intent to deceive and defraud, or
a bulk electronic mail message from a computer located in the state
of West Virginia or to an electronic mail address that the sender
knows, or has reason to know, is held by a West Virginia resident
that:
(1) Uses a third party's internet domain name without the
permission of the third party, or otherwise misrepresents any
information in identifying the point of origin or the transmission
path of a commercial electronic mail message;
(2) Contains false or misleading information in the subject
line;
(3) Does not clearly provide the date and time the message is
sent, the identity of the person sending the message, and the
return electronic mail address of that person; or
(4) Contains "sexually explicit materials" which are defined
as a visual depiction, in actual or simulated form, or an explicit
description in a predominately sexual context, nudity, human
genitalia, or any act of natural or unnatural sexual intercourse.
(b) The following requirements for internet screening of
publicly funded computers and other devices which allow access to
the internet or world-wide web apply to all schools, libraries and
government offices. The purpose of this requirement is to protect minors from exposure to unsolicited pornography. Every computer or
other device paid for by public funds, regardless of the source,
which allows access to the internet or the world-wide web shall
have one of the following internet screening provisions in place in
order to prevent minors from viewing pornography:
(1) Internet screening software which provides comprehensive
and complete screening of visual pornographic images and language;
or
(2) Internet screening services provided by an internet
service provider which provides comprehensive and complete
screening of visual pornographic images and language.
NOTE: The purpose of this bill is to
require publicly funded
computers to have screening devices to screen out pornographical
material.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.