2009 Senate Bill 149 / 2010 Public Act 318

Establish “phishing” penalties

Introduced in the Senate

Jan. 29, 2009

Introduced by Sen. Bruce Patterson (R-7)

To create an explicit crime of obtaining personal information by false pretenses over the internet (“phishing”) punishable by up to 10 years in prison and a $500,000 fine, authorize damages of up to $250,000 a day, and provide immunity to internet service providers or “interactive computer services” who remove or disable access to an internet domain name based on a good faith belief that it is being used for “phishing”.

Referred to the Committee on Judiciary

March 25, 2009

Reported without amendment

With the recommendation that the bill pass.

April 22, 2009

Amendment offered

To fine-tune the definition of "phishing." The definition would be, "a false, misleading, or fraudulent representation, writing, communication, statement, or message, communicated by any means to another person, that the maker knows or should have known is false or fraudulent. The false pretense may be a representation regarding a past or existing fact or circumstance or a representation regarding the intention to perform a future event or to have a future event performed".

The amendment passed by voice vote

April 23, 2009

Passed in the Senate 34 to 0 (details)

Received in the House

April 23, 2009

Referred to the Committee on Judiciary

Aug. 19, 2009

Reported without amendment

With the recommendation that the amendments be adopted and that the bill then pass.

Dec. 2, 2010

Amendment offered

To not give the state Attorney General certain powers to investigate business practices and compel testimony.

The amendment passed by voice vote

Substitute offered by Rep. Mark Meadows (D-69)

To replace the previous version of the bill with one that revises details but does not change the substance as previously described.

The substitute passed by voice vote

Passed in the House 99 to 1 (details)

To create an explicit crime of obtaining personal information by false pretenses over the internet (“phishing”) punishable by up to 10 years in prison and a $500,000 fine, authorize damages of up to $250,000 a day, and provide immunity to internet service providers or “interactive computer services” who remove or disable access to an internet domain name based on a good faith belief that it is being used for “phishing”.

Received in the Senate

Dec. 2, 2010

Passed in the Senate 36 to 0 (details)

To concur with the House-passed version of the bill.

Signed by Gov. Jennifer Granholm

Dec. 21, 2010