S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6114--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             March 15, 2013
                               ___________

Introduced  by  M.  of  A.  ENGLEBRIGHT -- read once and referred to the
  Committee on Governmental Operations -- recommitted to  the  Committee
  on  Governmental Operations in accordance with Assembly Rule 3, sec. 2
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and recommitted to said committee

AN  ACT  to  amend the state technology law, in relation to digital mail
  communications

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Short  title. This act shall be known and may be cited as
the "secure digital mail communications act of 2014".
  S 2. The state technology law is amended by adding a new article 5  to
read as follows:
                                 ARTICLE V
                   SECURE DIGITAL MAIL COMMUNICATIONS
SECTION 501. DEFINITION.
        502. COMPLIANCE WITH STATUTORILY MANDATED COMMUNICATIONS.
        503. REQUIREMENTS FOR DIGITAL MAIL DELIVERY SERVICE.
        504. RULES AND REGULATIONS.
  S  501.  DEFINITION.  AS  USED  IN THIS ARTICLE "DIGITAL MAIL DELIVERY
SERVICE" MEANS  A  SERVICE  THAT  (A)  EMPLOYS  SECURITY  PROCEDURES  TO
PROVIDE,  SEND,  DELIVER  OR OTHERWISE COMMUNICATE ELECTRONIC RECORDS TO
THEIR INTENDED RECIPIENTS BY MEANS THAT  UTILIZE  (I)  SECURITY  METHODS
SUCH  AS  PASSWORDS,  ENCRYPTION AND MATCHING AN ELECTRONIC ADDRESS TO A
PERSON'S PHYSICAL U.S. POSTAL ADDRESS, OR (II)  OTHER  SECURITY  METHODS
THAT  ARE  CONSISTENT WITH APPLICABLE LAW OR INDUSTRY STANDARDS; AND (B)
OPERATES SUBJECT TO OTHERWISE APPLICABLE REQUIREMENTS OF THE  ELECTRONIC
SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT OR THE UNIFORM ELECTRONIC
TRANSACTIONS ACT ALLOWING INFORMATION TO BE PROVIDED, SENT, DELIVERED OR
OTHERWISE  COMMUNICATED BY OR FROM A GOVERNMENT AGENCY, GOVERNMENT OFFI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09720-03-4

              

A. 6114--A                          2

CIAL OR ANY PERSON ACTING WITH OFFICIAL GOVERNMENT AUTHORITY TO A PERSON
IN THE FORM OF AN ELECTRONIC RECORD.
  S  502.  COMPLIANCE  WITH STATUTORILY MANDATED COMMUNICATIONS. ANY LAW
REQUIRING A GOVERNMENT AGENCY, GOVERNMENT OFFICIAL OR ANY PERSON  ACTING
WITH  OFFICIAL GOVERNMENT AUTHORITY TO COMMUNICATE WITH PERSONS IN WRIT-
ING OR BY MAIL OR THE LIKE MAY BE SATISFIED BY USE OF A  SECURE  DIGITAL
MAIL DELIVERY SERVICE.
  S  503.  REQUIREMENTS  FOR  DIGITAL  MAIL  DELIVERY  SERVICE.  FOR THE
PURPOSES OF THIS ARTICLE, A DIGITAL MAIL DELIVERY SERVICE SHALL:
  (A) ALLOW RECIPIENTS OF COMMUNICATIONS TO OPT-INTO  RECEIVING  DIGITAL
MAIL DELIVERY FROM EACH ENTITY FROM A LIST OF PUBLIC OR COMMERCIAL ENTI-
TIES, INCLUDING BUSINESSES AND PUBLIC OR GOVERNMENT AGENCIES;
  (B)  SATISFY  ALL  EXISTING  PRIVACY AND SECURITY REQUIREMENTS FOR THE
COMMUNICATION THAT IS BEING SENT;
  (C) PROVIDE THE SENDER WITH A DELIVERY LOG AND AUDIT  CAPABILITY  WHEN
PROOF OF MAILING OR PROOF OF DELIVERY IS REQUIRED; AND
  (D)  USE  AT LEAST TWO DIFFERENT SOURCES OF VERIFICATION TO ENSURE THE
IDENTITY OF THE SUBSCRIBER AND  THE  CURRENT  PHYSICAL  ADDRESS  OF  THE
SUBSCRIBER.
  S  504. RULES AND REGULATIONS. THE DIRECTOR SHALL PROMULGATE RULES AND
REGULATIONS NECESSARY TO EFFECTUATE THE PURPOSES OF THIS ARTICLE.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately, the addition,  amend-
ment  and/or repeal of any rules or regulations necessary for the imple-
mentation of this act on its effective date are authorized to be made on
or before such date.