Federal and State Statutes Regarding Electronic Communication
Federal and State Statutes
The following list contains Federal and State laws which apply to the use of electronic communication
within the state of California. The descriptions listed below each entry are provided merely for reference
and not the entire text of the statute or code. Please refer to the appropriate linked pages for official
text of these laws.
Regarding Electronic Communication
- California State Constitution
- Two articles of the California State Constitution address the subject of communication: Article I,
Declaration of Rights and Article 11: Local Government.
California State Penal Code Section 502
- It is the intent of the Legislature in enacting this section to expand the degree of protection
afforded to individuals, businesses, and governmental agencies from tampering, interference, damage, and
unauthorized access to lawfully created computer data and computer systems. The Legislature finds
and declares that the proliferation of computer technology has resulted in a concomitant proliferation of
computer crime and other forms of unauthorized access to computers, computer systems, and computer data.
The Legislature further finds and declares that protection of the integrity of all types and forms of
lawfully created computers, computer systems, and computer data is vital to the protection of the privacy
of individuals as well as to the well-being of financial institutions, business concerns, governmental
agencies, and others within this state that lawfully utilize those computers, computer systems,
California State Business and Professions Code 17511.1
- As used in this article, "telephonic seller" or "seller" means a person who, on
his or her own behalf or through salespersons or through the use of an automatic dialing-announcing
device, as defined in Section 2871 of the Public Utilities Code, causes a telephone solicitation or
attempted telephone solicitation to occur which meets the criteria specified in subdivision[s]....
California State Business and Professions Code 17538.45
- No registered user of an electronic mail service provider shall use or cause to be used that
electronic mail service provider's equipment located in this state in violation of that electronic mail
service provider's policy prohibiting or restricting the use of its service or equipment for the
initiation of unsolicited electronic mail advertisements. No individual, corporation, or other entity
shall use or cause to be used, by initiating an unsolicited electronic mail advertisement, an electronic
mail service provider's equipment located in this state in violation of that electronic mail service
provider's policy prohibiting or restricting the use of its equipment to deliver unsolicited electronic
mail advertisements to its registered users....
- USA Patriot Act of 2002
- Office of Thrift Supervision, Department of the Treasury.
- US Postal Service Lottery Statute
- This US Postal statute defines the illegal use of chain letters as a solicitation to participate
in a scheme in which the author requests money or other items of value and promises a substantial return
to the participants. Chain letters are a form of gambling, and sending them through the mail
(or delivering them in person or by computer, but mailing money to participate) violates Title 18,
United States Code, Section 1302, the Postal Lottery Statute.....