FRAUDE ATRAVES DEL INTERNET
Por Jose Cheo Cruz
Aquí les dejo lo que están violando desde el comité del PNP de Carolina,
con paginas en Facebook con falsos
nombres, inventados y es materia suficiente para la descalificación de
candidatos y expulsión de empleados del Municipio con acusar falsamente a la
gente por ley hay que poner su verdadero nombre cojan oreja juzguen ustedes ¿si
puede creer en gente así?.
§1037. Fraud and related activity in connection with electronic
mail
(a) In General.—Whoever, in or affecting
interstate or foreign commerce, knowingly—
(1) accesses a protected computer without authorization, and
intentionally initiates the transmission of multiple commercial electronic mail
messages from or through such computer,
(2) uses a protected computer to relay or retransmit multiple
commercial electronic mail messages, with the intent to deceive or mislead
recipients, or any Internet access service, as to the origin of such messages,
(3) materially falsifies header information in multiple commercial
electronic mail messages and intentionally initiates the transmission of such
messages,
(4) registers, using information that materially falsifies the
identity of the actual registrant, for five or more electronic mail accounts or
online user accounts or two or more domain names, and intentionally initiates
the transmission of multiple commercial electronic mail messages from any
combination of such accounts or domain names, or
(5) falsely represents oneself to be the registrant or the
legitimate successor in interest to the registrant of 5 or more Internet
Protocol addresses, and intentionally initiates the transmission of multiple
commercial electronic mail messages from such addresses,
or
conspires to do so, shall be punished as provided in subsection (b).
(b) Penalties.—The punishment for an
offense under subsection (a) is—
(1) a fine under this title, imprisonment for not more than 5
years, or both, if—
(A) the offense is committed in furtherance of any felony under
the laws of the United
States or of any State; or
(B) the defendant has previously been convicted under this section
or section 1030, or under the law of any State for conduct involving the
transmission of multiple commercial electronic mail messages or unauthorized
access to a computer system;
(2) a fine under this title, imprisonment for not more than 3
years, or both, if—
(A) the offense is an offense under subsection (a)(1);
(B) the offense is an offense under subsection (a)(4) and involved
20 or more falsified electronic mail or online user account registrations, or
10 or more falsified domain name registrations;
(C) the volume of electronic mail messages transmitted in
furtherance of the offense exceeded 2,500 during any 24-hour period, 25,000
during any 30-day period, or 250,000 during any 1-year period;
(D) the offense caused loss to one or more persons aggregating
$5,000 or more in value during any 1-year period;
(E) as a result of the offense any individual committing the
offense obtained anything of value aggregating $5,000 or more during any 1-year
period; or
(F) the offense was undertaken by the defendant in concert with
three or more other persons with respect to whom the defendant occupied a
position of organizer or leader; and
(3) a fine under this title or imprisonment for not more than 1
year, or both, in any other case.
(c) Forfeiture.—
(1) In general.—The
court, in imposing sentence on a person who is convicted of an offense under
this section, shall order that the defendant forfeit to the United States —
(A) any property, real or personal, constituting or traceable to
gross proceeds obtained from such offense; and
(B) any equipment, software, or other technology used or intended
to be used to commit or to facilitate the commission of such offense.
(2) Procedures.—The
procedures set forth in section 413 of the Controlled Substances Act (21 U.S.C.
853), other than subsection (d) of that section, and in Rule 32.2 of the
Federal Rules of Criminal Procedure, shall apply to all stages of a criminal
forfeiture proceeding under this section.
(d) Definitions.—In this section:
(1) Loss.—The term
“loss” has the meaning given that term in section
1030(e) of this title .
(2) Materially.—For
purposes of paragraphs (3) and (4) of subsection (a), header information or
registration information is materially falsified if it is altered or concealed
in a manner that would impair the ability of a recipient of the message, an
Internet access service processing the message on behalf of a recipient, a
person alleging a violation of this section, or a law enforcement agency to
identify, locate, or respond to a person who initiated the electronic mail
message or to investigate the alleged violation.
(3) Multiple.—The
term “multiple” means more than 100 electronic mail messages during a 24-hour
period, more than 1,000 electronic mail messages during a 30-day period, or
more than 10,000 electronic mail messages during a 1-year period.
(4) Other terms.—Any
other term has the meaning given that term by section 3 of the CAN-SPAM Act of
2003.
(Added
Pub. L. 108–187, §4(a)(1), Dec. 16, 2003, 117 Stat. 2703.)
References in Text
The Federal Rules of Criminal Procedure, referred to in subsec.
(c)(2), are set out in the Appendix to this title.
Section 3 of the CAN-SPAM Act of 2003, referred to in subsec.
(d)(4), is classified to section
7702 of Title 15, Commerce and Trade .
Effective Date
Section effective Jan. 1, 2004, see section 16 of Pub. L. 108–187,
set out as a note under section
7701 of Title 15, Commerce and Trade
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