Official Code of Georgia Annotated

Title 16. CRIMES AND OFFENSES · Chapter 9. FORGERY AND FRAUDULENT PRACTICES · Article 6. COMPUTER SYSTEMS PROTECTION · Part 1. COMPUTER CRIMES

16-9-93.1. Misleading transmittal and use of individual name, trade name, registered trademark, logo, legal or official seal, or copyrighted symbol over computer or telephone network; criminal penalty; civil remedies.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

(a)
It shall be unlawful for any person, any organization, or any representative of any organization knowingly to transmit any data through a computer network or over the transmission facilities or through the network facilities of a local telephone network for the purpose of setting up, maintaining, operating, or exchanging data with an electronic mailbox, home page, or any other electronic information storage bank or point of access to electronic information if such data uses any individual name, trade name, registered trademark, logo, legal or official seal, or copyrighted symbol to falsely identify the person, organization, or representative transmitting such data or which would falsely state or imply that such person, organization, or representative has permission or is legally authorized to use such trade name, registered trademark, logo, legal or official seal, or copyrighted symbol for such purpose when such permission or authorization has not been obtained; provided, however, that no telecommunications company or Internet access provider shall violate this Code section solely as a result of carrying or transmitting such data for its customers.#
(b)
Any person violating subsection (a) of this Code section shall be guilty of a misdemeanor.#
(c)
Nothing in this Code section shall be construed to limit an aggrieved party’s right to pursue a civil action for equitable or monetary relief, or both, for actions which violate this Code section.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 16-9-93.1, enacted by Ga. L. 1996, p. 1505, § 1.

Editor's notes

Ga. L. 1996, p. 1505, § 2, not codified by the General Assembly, provides that nothing in the Act shall prohibit a member of the General Assembly from using the state seal or the Georgia flag which contains the state seal on a home page that is clearly identified as that of the member.

Law reviews

For article, ‘‘Problems Arising Out of the Use of ‘WWW.Trademark.Com’: The Application of Principles of Trademark Law to Internet Domain Name Disputes,’’ see 13 Ga. St. U.L. Rev. 455 (1997). For note, ‘‘Tilting at Windmills: Defamation and the Private Person in Cyber-space,’’ see 13 Ga. St. U.L. Rev. 547 (1997). For review of 1996 forgery and fraudulent practices legislation, see 13 Ga. St. U.L. Rev. 112 (1997). For note, ‘‘Dormant Commerce Clause Limits on State Regulation of the Internet: The Transportation Analogy,’’ see 32 Ga. L. Rev. 889 (1998).

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Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t16-ch7-11-(v14a)-2018-pdf.pdf, Volume V14A, 2018 edition, pages 552 to 553; merge action: carried; file SHA-256 5985d65f23ef.

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