No cause of action against service providers

There shall be no cause of action under this part against an e-mail service provider on the basis of its routine transmission of any commer560 16-9-107 FORGERY & FRAUDULENT PRACTICES 16-9-108 cial e-mail over its computer network. (Code 1981, § 16-9-107, enacted by Ga. L. 2005, p. 199, § 4/SB 62.) PART 3 INVESTIGATION OF VIOLATIONS Editor’s notes. — Ga. L. 2005, p. 199, § 1/HB 62, not codified by the General Assembly, provides that: ‘‘This Act shall be known and may be cited as the ‘Georgia Slam Spam E-mail Act.’ ’’ Ga. L. 2005, p. 199, § 2/HB 62, not codified by the General Assembly, provides that: ‘‘The General Assembly finds and declares that electronic mail has become an important and popular means of communication, relied on by millions of Georgians on a daily basis for personal and commercial purposes. The low cost and global reach of electronic mail make it convenient and efficient. Electronic mail serves as a catalyst for economic development and frictionless commerce. The General Assembly further finds that the convenience and efficiency of electronic mail is threatened by an ever-increasing glut of deceptive commercial electronic mail. The senders of these electronic messages engage in a variety of fraudulent and deceptive practices to hide their identities, to disguise the true source of their electronic mail, and to evade the criminal and civil consequences of their actions. Deceptive commercial electronic mail imposes costs upon its ultimate recipients who are forced to receive, review, and delete unwanted messages and upon the electronic mail service providers forced to carry the messages. The General Assembly further finds that our state has a paramount interest in protecting its businesses and citizens from the deleterious effects of deceptive commercial electronic mail, including the impermissible shifting of cost and economic burden that results from the false and fraudulent nature of deceptive commercial electronic mail. Georgia’s enforcement of this interest imposes no additional burden upon the senders of such electronic mails in relation to the laws of any other state, in that such enforcement requires nothing more than the senders’ forbearance from active deception.’’ 16-9-108. Investigative and subpoena powers of district attorneys and the Attorney General. (a) In any investigation of a violation of this article or any investigation of a violation of Code Section 16-12-100, 16-12-100.1, 16-12-100.2, 16-5-90, Article 8 of Chapter 5 of this title, or Article 8 of this chapter involving the use of a computer in furtherance of the act, the Attorney General or any district attorney shall have the power to administer oaths; to call any party to testify under oath at such investigation; to require the attendance of witnesses and the production of books, records, and papers; and to take the depositions of witnesses. The Attorney General or any such district attorney is authorized to issue a subpoena for any witness or a subpoena to compel the production of any books, records, or papers. (b) In case of refusal to obey a subpoena issued under this Code section to any person and upon application by the Attorney General or district attorney, the superior court in whose jurisdiction the witness is to appear or in which the books, records, or papers are to be produced 561 16-9-109 may issue to that person an order requiring him or her to appear before the court to show cause why he or she should not be held in contempt for refusal to obey the subpoena. Failure to obey a subpoena may be punished by the court as contempt of court. (Code 1981, § 16-9-108, enacted by Ga. L. 2005, p. 199, § 4/SB 62; Ga. L. 2013, p. 524, § 1-2/HB 78.)