Phishing and Pharming

(a)Phishing. For the purposes of this Article 4, an individual or entity is guilty of phishing if, with intent to defraud or injure an individual, or with knowledge that he is facilitating a fraud or injury to be perpetrated by anyone:

(1)the actor makes any communication under false pretenses purporting to be by or on behalf of a legitimate business, without the authority or approval of the business; and

(2)the actor uses that communication to induce, request, or solicit any person to provide identifying information or property.

(b)Pharming. For the purposes of this Article 4, an individual or entity is guilty of pharming if, with intent to defraud or injure an individual, or with knowledge that he is facilitating a fraud or injury to be perpetrated by anyone:

(1)creates or operates a webpage that represents itself as belonging to or being associated with a legitimate business, without the authority or approval of such business, and that may induce any user of the internet to provide identifying information or property; or

(2)alters a setting on a user’s computer or similar device or software program through which the user may search the internet and thereby causes any user of the internet to view a communication that represents itself as belonging to or being associated with a legitimate business, which message has been created or is operated without the authority or approval of such legitimate business and induces, requests or solicits any user of the internet to provide identifying information or property.