2005 House Bill 5043 / 2006 Public Act 61

Expand malicious misuse of telecom law to cover Internet

Introduced in the House

July 6, 2005

Introduced by Rep. Tonya Schuitmaker (R-80)

To broaden the law that makes it a crime to maliciously cut, break, tap, connect with, read, or copy telephone, telegraph or cable messages, so that it also applies explicitly to cell phones, computers, computer networks, the Internet, and other modern innovations. Language making it unlawful to “wilfully and maliciously prevent, obstruct, or delay any authorized communication” could also be used in domestic abuse cases where one partner seeks to control the others outside communications. In its current form, the law bans activities such as tapping into a news or sports news channel for the purpose of gaining advantage by getting the information before the general public. The bill updates this to cover malicious activities that are relevant in the current telecommunications environment, including cell phones.

Referred to the Committee on Judiciary

Oct. 20, 2005

Reported without amendment

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

Oct. 26, 2005

Substitute offered

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

The substitute passed by voice vote

Amendment offered by Rep. Tonya Schuitmaker (R-80)

To limit application of the bill's prohibitions in cases where the owner of the particular communication system is the one wilfully interering with it, unless the system is being used to report a crime, an illness, or an incident of domestic violence.

The amendment passed by voice vote

Oct. 27, 2005

Passed in the House 103 to 0 (details)

Received in the Senate

Nov. 1, 2005

Referred to the Committee on Judiciary

Feb. 8, 2006

Reported without amendment

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

Feb. 9, 2006

Substitute offered

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

The substitute passed by voice vote

Feb. 14, 2006

Passed in the Senate 37 to 0 (details)

To broaden the law that makes it a crime to maliciously cut, break, tap, connect with, read, or copy telephone, telegraph or cable messages, so that it also applies explicitly to cell phones, computers, computer networks, the Internet, and other modern innovations. Language making it unlawful to “wilfully and maliciously prevent, obstruct, or delay any authorized communication” could also be used in domestic abuse cases where one partner seeks to control the others outside communications. In its current form, the law bans activities such as tapping into a news or sports news channel for the purpose of gaining advantage by getting the information before the general public. The bill updates this to cover malicious activities that are relevant in the current telecommunications environment, including cell phones.

Received in the House

Feb. 14, 2006

March 2, 2006

Passed in the House 101 to 0 (details)

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

Signed by Gov. Jennifer Granholm

March 16, 2006