July 21, 2004
July 21, 2004
LANSING – Governor Jennifer M. Granholm today signed legislation that will create a child protection registry that will protect minors from unsolicited and inappropriate electronic mail. The registry will be established by July 1, 2005, and will be operated by the Department of Labor and Economic Growth (DLEG), or contracted to a qualified third party.
"As our technological capabilities increase, so does the need to protect our children from inappropriate material that is surfacing on the computers and other electronic devices they use," said Granholm. "These laws provide important safeguards that will allow children to use the internet to search for valuable and educational information without being subjected to inappropriate e-mail from solicitors."
Public Act 241 of 2004 (SB 1025) establishes a child protection registry that will provide safeguards and prevent, to the extent possible, the disclosure of information to children through such devices and mediums, such as instant messaging addresses, wireless telephones, and e-mail addresses, to name a few.
Under the law, a person will be permitted to register addresses to which one or more minors have access. A person will be prohibited from sending a message to a registered address if the primary purpose is to advertise or sell a product or service that a minor is prohibited by law from purchasing, viewing, possessing, participating in, or otherwise receiving.
Violations are subject to criminal penalties. The new law assigns enforcement responsibility to the Department of Attorney General. Civil actions brought by private parties are also authorized.
A related bill, House Bill 5979, now Public Act 242 of 2004, renders a violation of the Michigan Child Protection Registry Act as a violation of Michigan’s criminal statute prohibiting unauthorized computer access. The first violation is a misdemeanor. Subsequent violations are felonies.
