Internet Laws and Statutes
UNSOLICITED E-MAIL LEGISLATION
WASHINGTON HOUSE BILL 2752 (1998) (AS ENACTED)
AN ACT Relating to electronic mail; adding a new chapter to
Title 19 RCW; creating a new section; prescribing penalties; and providing
an expiration date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1 The legislature finds that the olume of commercial
electronic mail is growing, and the consumer protection division of the
attorney general's office reports an increasing number of consumer
complaints about commercial electronic mail. Interactive computer service
providers indicate that their systems sometimes cannot handle the volume
of commercial electronic mail being sent and that filtering systems fail
to screen out unsolicited commercial electronic mail messages when senders
use a third party's internet domain name without the third party's
permission, or otherwise misrepresent the message's point of origin. The
legislature seeks to provide some immediate relief to interactive computer
service providers by prohibiting the sending of commercial electronic mail
messages that use a third party's internet domain name without the third
party's permission, misrepresent the message's point of origin, or contain
untrue or misleading information in the subject line.
The legislature also finds that the utilization of electronic mail
messages for commercial purposes merits further study. A select task force
should be created to explore technical, legal, and cost issues surrounding
the usage of electronic mail messages for commercial purposes and to
recommend to the legislature any potential legislation needed for
regulating commercial electronic mail messages.
NEW SECTION. Sec. 2. The definitions in this section apply throughout
this chapter unless the context clearly requires otherwise.
- "Commercial electronic mail message" means an electronic
mail message sent for the purpose of promoting real property, goods, or
services for sale or lease.
- "Electronic mail address" means a destination, commonly
expressed as a string of characters, to which electronic mail may be
sent or delivered.
- "Initiate the transmission" refers to the action by the
original sender of an electronic mail message, not to the action by any
intervening interactive computer service that may handle or retransmit
the message.
- "Interactive computer service" means any information
service, system, or access software provider that provides or enables
computer access by multiple users to a computer server, including
specifically a service or system that provides access to the internet
and such systems operated or services offered by libraries or
educational institutions.
- "Internet domain name" refers to a globally unique
hierarchical reference to an internet host or service, assigned through
centralized internet naming authorities, comprising a series of
character strings separated by periods, with the right-most string
specifying the top of the hierarchy.
NEW SECTION. Sec. 3
- (1) No person, corporation, partnership, or association may initiate
the transmission of a commercial electronic mail message from a computer
located in Washington or to an electronic mail address that the sender
knows, or has reason to know, is held by a Washington resident that:
(a) Uses a third party's internet domain name without permission
of the third party, or otherwise misrepresents any information in
identifying the point of origin or the transmission path of a
commercial electronic mail message; or
(b) Contains false or misleading information in the subject line.
- For purposes of this section, a person, corporation, partnership, or
association knows that the intended recipient of a commercial electronic
mail message is a Washington resident if that information is available,
upon request, from the registrant of the internet domain name contained
in the recipient's electronic mail address.
NEW SECTION. Sec. 4
- It is a violation of the consumer protection act, chapter 19.86 RCW,
to initiate the transmission of a commercial electronic mail message
that:
(a) Uses a third party's internet domain name without permission
of the third party, or otherwise misrepresents any information in
identifying the point of origin or the transmission path of a
commercial electronic mail message; or
(b) Contains false or misleading information in the subject line.
- The legislature finds that the practices covered by this chapter are
matters vitally affecting the public interest for the purpose of
applying the consumer protection act, chapter 19.86 RCW. A violation of
this chapter is not reasonable in relation to the development and
preservation of business and is an unfair or deceptive act in trade or
commerce and an unfair method of competition for the purpose of applying
the consumer protection act, chapter 19.86 RCW.
NEW SECTION. Sec. 5
- Damages to the recipient of a commercial electronic mail message sent
in violation of this chapter are five hundred dollars, or actual
damages, whichever is greater.
- Damages to an interactive computer service resulting from a violation
of this chapter are one thousand dollars, or actual damages, whichever
is greater.
NEW SECTION. Sec. 6
- An interactive computer service may, upon its own initiative, block
the receipt or transmission through its service of any commercial
electronic mail that it reasonably believes is, or will be, sent in
violation of this chapter.
- No interactive computer service may be held liable for any action
voluntarily taken in good faith to block the receipt or transmission
through its service of any commercial electronic mail which it
reasonably believes is, or will be, sent in violation of this chapter.
NEW SECTION. Sec. 7. Sections 1 through 6 of this act constitute a new
chapter in Title 19 RCW.
NEW SECTION. Sec. 8.
- The select task force on commercial electronic mail message is hereby
created. The select task force shall:
(a) Identify technical, legal, and cost issues in relation to the
transmission and receipt of commercial electronic mail messages over
the internet;
(b) Evaluate whether existing laws are sufficient to resolve any
technical, legal, or financial problems created by the increasing
volume of commercial electronic mail messages;
(c) Review efforts being made by the federal government and other
states to regulate the transmission of commercial electronic mail
messages; and
(d) Prepare a report identifying policy options and
recommendations for any potential legislation needed to regulate
commercial electronic mail messages. The report shall be delivered
to the house of representatives energy and utilities committee by
November 15, 1998.
- The select task force shall be composed of five members, consisting
of:
(a) Two members of the house of representatives, one from each of
the two largest caucuses, each member being a member of the house of
representatives energy and utilities committee, appointed by the
speaker of the house of representatives;
(b) Two members of the senate, one from each of the two largest
caucuses, each member being a member of the senate energy and
utilities committee, appointed by the president; and
(c) One person appointed by the governor.
- The select task force shall solicit input from interested parties,
including but not limited to, persons representing:
(a) Attorney general's consumer protection division;
(b) Internet service providers;
(c) Direct marketers;
(d) Manufacturers of electronic mail messaging software;
(e) Nonprofit organization interested in free speech and other
civil liberty matters; and
(f) Internet users.
- Staff support for the select task force shall be provided by the
house of representatives office of program research and senate committee
services.
- This section expires December 31, 1998.
NEVADA SENATE BILL NO. 13
Introduced by Senator Raggio
Prefiled on January 14, 1997
As amended and passed by Assembly June 30, 1997 (third reprint)
Amended version concurred in by Senate July 1, 1997
AN ACT relating to actions concerning persons; providing that a person
who transmits certain items of electronic mail is liable to the recipient
for civil damages under certain circumstances; providing that the district
court may enjoin a person from transmitting certain items of electronic
mail under certain circumstances; and providing other matters properly
relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 Chapter 41 of NRS is hereby amended by adding thereto the
provisions set forth as sections 2 to 8, inclusive of this act.
Sec. 2 As used in sections 2 to 8, inclusive, of this act, unless the
context otherwise requires, the words and terms defined in sections 3 to
6, inclusive, of this act have the meanings ascribed to them in those
sections.
Sec. 3 "Advertisement" means material that:
- Advertises for commercial purposes the availability or the quality
of real property, goods or services; or
- Is otherwise designed or intended to solicit a person to purchase
real property, goods or services.
Sec. 4 "Electronic mail" means a message, a file or other
information that is transmitted through a local, regional or global
network, regardless of whether the message, file or other information is:
- Viewed;
- Stored for retrieval at a later time;
- Printed onto paper or other similar material; or
- Filtered or screened by a computer program that is designed or
intended to filter or screen items of electronic mail.
Sec. 5. "Network" means a network comprised of one or more
computers that may be accessed by a modem, electronic or optical
technology or other similar means.
Sec. 6 "Recipient" means a person who receives an item of
electronic mail.
Sec. 7 1. Except as otherwise provided in section 8 of this act, if a
person transmits or causes to be transmitted to a recipient an item of
electronic mail that includes an advertisement, the person is liable to
the recipient for civil damages unless:
(a) The person has a preexisting business or personal relationship with
the recipient; or
(b) The recipient has expressly consented to receive the item of
electronic mail from the person; or
(c) The advertisement is readily identifiable as promotional, or
contains a statement providing that it is an advertisement, and clearly
and conspicuously provides:
(1) The legal name, complete street address and electronic mail address
of the person transmitting the electronic mail; and
(2) A notice that the recipient may decline to receive additional
electronic mail that includes an advertisement from the person
transmitting the electronic mail and the procedures for declining such
electronic mail.
2. If a person is liable to a recipient pursuant to subsection 1, the
recipient may recover from the person:
(a) Actual damages or damages of $10 per item of electronic mail
received, whichever is greater; and
(b) Attorney's fees and costs.
3. In addition to any other recovery that is allowed pursuant to
subsection 2, the recipient may apply to the district court of the county
in which the recipient resides for an order enjoining the person from
transmitting to the recipient any other item of electronic mail that
includes an advertisement.
Sec. 8 1. If a person provides users with access to a network and, as
part of that service, transmits items of electronic mail on behalf of
those users, the person is immune from liability for civil damages
pursuant to sections 2 to 8, inclusive, of this act, unless the person
transmits an item of electronic mail that includes an advertisement he
prepared or caused to be prepared.
2. The provisions of sections 2 to 8, inclusive, of this act do not
apply to an item of electronic mail that is obtained by a recipient
voluntarily. This subsection includes, but is not limited to, an item of
electronic mail that is obtained by a recipient voluntarily from an
electronic bulletin board.
