CALIFORNIA
S.B.
12
Amends existing law regarding electronic mail advertising and authorizes
the recipient of a commercial e-mail advertisement transmitted in violation
of the law to bring an action to recover the greater of actual damages
or $500 per individual violation, and reasonable costs and attorney's fees.
S.B. 186
Signed by Governor, 9-23-03
Prohibits a person or entity located in California from initiating or advertising in unsolicited commercial e-mail advertisements. The bill would prohibit a person or entity not located in California from initiating or advertising in unsolicited commercial e-mail advertisements sent to a California e-mail address.
COLORADO
H.B.
1134
Expands violations of the unsolicited commercial electronic mail ("junk
email") provisions to apply to those who aid or assist in sending junk
email. Adds a civil violation for a person who continues to maintain an
open mail relay after receiving notice that an open mail relay under the
person's control is being used to transmit junk email messages or a computer
virus or worm. Requires a person sending junk email that contains sexual
or erotic material or an offer for the same to use the exact characters
"ADULTADV:" as the first 9 or 10 characters in the subject line of the
message.
H.B.
1200
Amends the "Colorado Junk E-mail Law" to include a no-solicitation
list similar to the telemarketing no-call list.
CONNECTICUT
H.B.
5790
Prohibits unsolicited commercial bulk electronic mail advertising.
H.B.
6342
Prohibits the sending of unsolicited electronic mail that contains explicit adult content.
S.B.
83
Prohibits unsolicited commercial bulk electronic mail advertising.
S.B.
141
Deters persons who send unsolicited electronic mail advertisements or "spam" by allowing recipients to sue such persons for up to fifty thousand
dollars and Internet service providers to sue such persons for up to five hundred thousand dollars.
sSB 332
Signed by Governor, 6/26/2003
This act, with some exceptions, restricts the activities of people who e-mail
unsolicited advertising material. It prohibits people and entities
from sending spam, or causing it to be sent, after the intended
recipient has notified them that he does not want to receive
it. In all other transmissions to Connecticut residents,
(1) the e-mail's subject line must include the letters
"ADV" and (2) the body of the message must include a toll-free
telephone number or valid e-mail address the recipient can use
to unsubscribe or otherwise notify the sender not to send any
more spam. The act defines unsolicited advertising material,
provides exclusions to the restrictions, and allows people to sue for violations.
S.B.
335
To decrease the proliferation of junk e-mail or "spam" and to allow e-mail recipients to quickly and easily block themselves from receipt of
unsolicited electronic mail solicitations.
S.B.
725
Requires unsolicited electronic mail solicitations or "spam" to contain unsubscribe links and identifying subject line information.
FLORIDA
S.B.
438
Prohibits a person from transmitting, conspiring to transmit, or assisting
in transmitting a commercial electronic mail message from a computer within
the state to a resident of the state if that message uses an Internet domain
name without permission, misrepresents the point of origin of the message,
or contains false or misleading information. Specifies circumstances under
which a person has knowledge that the intended recipient of message is
a resident of the state.
HAWAII
H.B.
17
Prohibits, as an unfair or deceptive act or practice, unsolicited telemarketing
transmissions of text, graphic, or image messages by telephone solicitors
to cellular telephones and pagers equipped with text messaging or similar
capabilities.
H.B.
185
Provides that the transmission of unsolicited commercial electronic
mail is an unfair or deceptive act or practice. Establishes penalties.
H.B.
327
Restricts the sending of unsolicited e-mail. Requires labeling in the
subject line to distinguish this type of e-mail. Establishes civil and
criminal penalties.
S.B.
508
Provides that the transmission of unsolicited commercial electronic
mail is an unfair or deceptive act or practice. Establishes penalties
INDIANA
H.B.
1083
Signed by Governor, 4-17-03
Provides that a person may not initiate or assist in the transmission
of certain fraudulent commercial electronic mail message from a computer
located in Indiana or to the electronic mail address of an Indiana resident.
Requires a person that sends unsolicited commercial electronic mail to
place certain information in the subject line of the electronic mail and
remove the electronic mail address of a person who requests to be removed
from the sender's electronic mail lists. Authorizes an interactive computer
service to block the receipt or transmission through its service of such
electronic mail. Provides for a right of action against the sender of an
electronic mail message that violates the statute.
H.B.
1185
Prohibits certain practices when a person sends unsolicited commercial
electronic mail. Requires a person that sends unsolicited commercial electronic
mail to place certain information in the subject line of the electronic
mail and remove the electronic mail address of a person who requests to
be removed from the sender's electronic mail lists. Prohibits the sale,
offer to sell, and distribution in Indiana of software designed solely
to falsify the point of origin or the routing information in electronic
mail messages. Provides that the attorney general may seek judicial remedies
for violation of the statute.
H.B.
1963
Requires the attorney general to establish a list of electronic mail
addresses of persons who request not to receive commercial or charitable
solicitations by electronic mail. Provides that a person may not send a
commercial or charitable solicitation by electronic mail to an electronic
mail address on the list. Authorizes the attorney general to seek civil
remedies for violations. Provides immunity to an interactive computer service
from actions for blocking electronic mail that violates the statute. Changes
the name of the telephone solicitation fund.
S.B. 74
Provides that a person may not initiate
or assist in the transmission of a commercial electronic mail message from a computer
located in Indiana or to the electronic mail address of an Indiana resident if
the message uses a third party's Internet domain name without permission of the
third party, otherwise misrepresents or obscures any information in identifying
the point of origin or the transmission
path of the electronic mail, or contains false or misleading
information in the subject line. Authorizes an interactive
computer service to block the receipt or transmission through
its service of such electronic mail. Provides a recipient or
an interactive computer services a cause of action to remedy violations of the statute.
MAINE
L.D.
255
Signed by Governor 5-27-03, Chapter 327
Prohibits sending of unsolicited commercial e-mail messages, other
than an e-mail sent at the request of the recipient to two or more recipients
in the state with whom the sender does not have an existing business relationship.
L.D. 1360
Creates a no-contact list and prohibits unsolicited e-mail.
MARYLAND
S.B. 503
Prohibits a person from initiating, conspiring to initiate, or assisting
in the transmission of specified commercial electronic mail that does not
include specified characters in the subject line. Prohibits a person from
selling, giving, or otherwise distributing, or possessing with the intent
to sell, give, or distribute, specified software; and establishes penalties
for a violation of specified provisions of the act.
MASSACHUSETTS
S.B. 124
Requires senders of unsolicited commercial electronic mail to place
certain information in the subject line of the electronic mail and to remove
from the sender's electronic mail lists those who request.
MICHIGAN
H.B. 4519
Signed by Governor 7-11-03, Public Act 42
Creates the "Unsolicited Commercial E-mail Protection Act" to regulate e-mail messages
that promote goods, services, and real property and are sent without the recipient's express
permission. Senders of unsolicited "e-mail ads" would have to identify themselves, indicate
in the subject heading that the message contained an advertisement, and allow recipients of
such ads to "conveniently and at no cost" opt out of receiving future unsolicited e-mail ads
from the sender. In addition,
the bill would allow e-mail service providers to block messages sent in violation of the act,
provide criminal penalties for such violations, and establish a cause of
action allowing recipients and service providers to recover damages for violations.
S.B. 357
Creates the “Unsolicited Commercial and Sexually Explicit E-mail Act."
H.B. 4188
Prohibits deceptive unsolicited commercial e-mail.
NEVADA
A.B. 93
Signed by Governor, 3-26-03, Chapter 12
Provides for certain requirements to identify advertisements in electronic mail;
increasing liability for improperly transmitting electronic mail that includes an
advertisement in certain circumstances.
NEW JERSEY
A.B.
130
Prohibits the sending of unsolicited bulk commercial electronic mail,
commonly referred to as "spam," with false or deceptive message headers
that are likely to confuse or mislead an individual as to the product or
service offered for sale by the sender. Allows a recipient of spam to recover
from the sender, in lieu of actual damages, an amount equal to either ten
dollars for each commercial message transmitted in violation of this bill
or $25,000 per day for each day the violation occurs, whichever is less.
A.B.
406
Provides that no person shall send unsolicited commercial electronic
mail to an electronic mailing address unless the recipient has consented
to the receipt of unsolicited commercial electronic mail from the sender.
When commercial electronic mail is sent, the sender shall include the word
"advertisement" in the message and give the name, address, telephone number
and return electronic mail address of the sender, as well as the date and
time the message is sent. In addition, a sender shall immediately discontinue
unsolicited commercial electronic mail to an individual who requests that
such mail be discontinued.
A.B.
1323
Prohibits a person from electronically mailing unsolicited advertising
materials unless certain conditions are satisfied. Requires that the subject
line of messages include "ADV:" as the first four characters. If the messages
contain information that may only be viewed, purchased, rented, leased
or held in possession of individuals 18 years of age and older, the subject
line messages must shall include "ADV:ADLT" as the first eight characters.
S.B.
726
Provides that no person shall send unsolicited commercial electronic
mail to an electronic mailing address unless the recipient has consented
to the receipt of unsolicited commercial electronic mail from the sender.
When commercial electronic mail is sent, the sender shall include the word
"advertisement" in the message and give the name, address, telephone number
and return electronic mail address of the sender, as well as the date and
time the message is sent. Stipulates that a sender shall immediately discontinue
unsolicited commercial electronic mail to an individual who requests that
such mail be discontinued.
S.B.
980
Prohibits the transmission of unsolicited advertising by electronic
mail message unless the sender of the e-mail includes a toll-free number
or valid return address that the recipient may call, write to or send an
e-mail notifying the sender not to send any further unsolicited commercial
e-mail to the recipient. Requires that senders of unsolicited commercial
electronic mail include the characters "ADV:" as the first four characters
of the subject line. Requires the subject line to include the characters
"ADV:ADLT" as the first eight characters if the message consists of advertising
material that may only be viewed, purchased, rented, leased or held in
possession by individuals 18 years of age or older. Establishes the right
of individuals to enjoin future violations and to seek recovery of actual
damages sustained as a result of any such violation.
S.B.
1021
Prohibits a person from electronically mailing unsolicited advertising
materials unless certain conditions are satisfied. Requires that the subject
line of messages include "ADV:" as the first four characters. If the messages
contain information that may only be viewed, purchased, rented, leased
or held in possession of individuals 18 years of age and older, the subject
line messages must shall include "ADV:ADLT" as the first eight characters.
S.B.
1217
Provides that no person shall send unsolicited commercial electronic
mail to an electronic mailing address unless the recipient has consented
to the receipt of unsolicited commercial electronic mail from the sender.
When commercial electronic mail is sent, the sender shall include the word
"advertisement" in the message and give the name, address, telephone number
and return electronic mail address of the sender, as well as the date and
time the message is sent. In addition, the bill stipulates that a sender
shall immediately discontinue unsolicited commercial electronic mail to
an individual who requests that such mail be discontinued.
S.B.
2281
Provides that no person shall send unsolicited commercial electronic
mail to an electronic mailing address without the affirmative consent of
the recipient, or unless the recipient has an established business relationship
with the seller or sender. Provides that the subject line of unsolicited
commercial electronic mail shall contain the characters "ADV:" as the first
four characters. If the message includes or concerns sexually explicit
material, the subject line shall contain the characters "ADV:ADLT" as the
first eight characters. Further provides that it shall be unlawful to falsify
or forge return electronic mail address information, electronic mail transmission
information or other routing information. Prohibits the forwarding, selling
or transmission of a recipient's electronic mail address or other identifying
information to a third party.
NEW MEXICO
S.B. 699
Signed by Governor, 4-5-03, Chapter 168
Relates to unfair trade practices, prohbits certain unsolicited email
or facsimile transmitted advertising material, provides for a private cause of action.
NEW YORK
A.B. 636
Prohibits transmission of unsolicited bulk electronic mail through
an electronic mail service provider`s network in the state; establishes
criminal and civil penalties and authorizes injured parties to bring suits
for damages.
A.B. 709
Relates to including persons who wish not to receive unsolicited e-mails
on the telemarketing sales calls statewide registry; provides that telemarketers
may not solicit payment by either telephone or email to those persons enrolled
in the no call registry
A.B. 853
Curtails transmission of unsolicited electronic mail over public computer
networks; creates crime of aggravated harassment of an individual through
electronic mail and makes it a class A misdemeanor.
A.B. 1292
Provides for the establishment of the do not mail/e-mail statewide
registry by the consumer protection board; such registry shall be composed
of persons who do not wish to receive unsolicited direct mail marketing;
no direct mail marketer shall transmit unsolicited direct mail marketing
to any person listed in such registry unless such person solicited the
information or has a business relationship with the marketer; fines not
to exceed $2,000 may be imposed upon irect mail marketers who violate such
provisions
A.B. 1639
Provides for the establishment of the do not mail/email statewide registry;
A.B. 2505
Regulates unsolicited electronic and other advertisements
A.B. 3389
Provides that it shall be unlawful for a person, corporation, partnership
or association to initiate the unsolicited transmission of electronic communication
promoting goods or services for purchase by the recipient of such communication;
defines the term "electronic communication" to mean every process by which
a communication is made by electronic means to a computer
S.B. 648
Curtails transmission of unsolicited electronic mail over public computer
networks; creates crime of aggravated harassment of an individual through
electronic mail and makes it a class A misdemeanor.
OREGON
H.B. 2737A
Prohibits transmitting electronic mail messages that misrepresent the subject or origin of
a message, uses an Internet domain name without permission, or contains false or misleading
information in the subject line. Allows e-mail in which there was a business relationship with
the recipient, if the recipient is a member of the sending organization, or “ADV:” is in the
subject line. Allows a person whose Internet name is used without permission and in violation
of this measure, an electronic mail service provider whose provider services are used without
permission and in violation of this measure, or a person receiving an electronic message in
violation of this measure
to recover actual or liquidated damages and attorney fees.
Makes it an unlawful trade practice to violate this measure.
Applies to e-mails sent on or after the effective date of this measure.
H.B. 3474
Prohibits providing false or misleading information in certain electronic mail solicitations.
Requires person soliciting through electronic mail to register with Attorney General or
identify electronic mail as advertisement. Directs Attorney General to establish electronic
mail registration program. Makes violation of Act unlawful trade practice.
S.B.
121
Directs the Attorney General to contract for services of an administrator
who will create, maintain and make available list of electronic mail addresses
of parties who wish not to receive electronic mail solicitations. Prohibits
electronic mail solicitation to electronic mail address on list. Creates
exceptions. Makes violation of prohibition unlawful trade practice.
S.B.
261
Prohibits transmitting electronic mail message that misrepresent the
subject or origin of the message.
S.B. 910
Signed by Governor, 9-17-03
Prohibits transmitting electronic mail messages that misrepresent the subject or origin of a message,
uses an Internet domain name
without permission, or contains false or misleading information
in the subject line. Allows e-mail in which there was a
business relationship with the recipient, if the recipient is a
member of the sending organization, or “ADV:” is in the subject
line. Allows a person whose Internet name is used without
permission and in violation of this measure, an electronic
mail service provider whose provider services are used without
permission and in violation of this measure, or a person
receiving an electronic message in violation of this measure
to recover actual or liquidated damages and attorney fees.
Makes it an unlawful trade practice to violate this measure.
Applies to e-mails sent on or after the effective date of this measure.
PENNSYLVANIA
H.B. 1366
Prohibiting certain facsimiles, commercial electronic transmissions and the use of text, graphic or image messaging systems of wireless telephone systems to transmit unsolicited commercial messages; imposing penalties; authorizing the blocking of commercial electronic mail by interactive computer service; and providing for the powers of the Attorney General," establishing a Statewide do-not-e-mail list.
S.B. 885
Prohibiting certain facsimiles, commercial electronic transmissions and the use of text, graphic or image messaging systems of wireless telephone systems to transmit unsolicited commercial messages; imposing penalties; authorizing the blocking of commercial electronic mail by interactive computer service; and providing for the powers of the Attorney General," establishing a Statewide do-not-e-mail list.
TEXAS
H.B.
1282
Signed by Governor, 6-20-03
Relates to commercial electronic mail. Provides penalties.
H.B.
519
Prohibits misleading or fraudulent commercial electronic mail messages.
Requires certain messages contain labeling in the subject line of the message.
S.B. 698
Prohibits misleading or fraudulent commercial electronic mail messages.
Requires certain messages contain labeling in the subject line of the message.
UTAH
H.B.
312
Relates to e-mail marketing.
H.B.
327
Amends the e-mail spam law.
S.B.
59
Modifies the Unsolicited Commercial and Sexually Explicit Email Act
by providing additional definitions, placing the burden to prove a preexisting
business or personal relationship on the sender of an email, allowing class
actions, eliminating the requirement for the sender of a sexually explicit
email to provide a toll-free telephone number, changing the damages for
a violation, and making technical changes.
VERMONT
S.B.
31
Prohibits the transmission of unsolicited electronic mail advertisements
and the failure to cease electronic mail advertisements when requested
to do so. Requires all electronic mail advertisements to contain information
describing how to unsubscribe or how to stop receiving the advertisements.
VIRGINIA
H.B.
533
Prohibits sending unsolicited commercial electronic mail to persons
if it uses a third party's domain name without permission; contains false
or forged transmission information; contains false or misleading information
in the subject line or if the person indicates that he does not wish to
receive commercial electronic mail from the sender. Requires the sender
to identify the message as an advertisement or solicitation; provide notice
of the right to decline to receive further unsolicited commercial electronic
mail messages from the sender; provide a valid physical address; and provide
a valid return electronic mail address for receiving requests to not receive
further unsolicited commercial electronic mail messages from the sender.
Provides for damages.
H.B. 2290
Signed by Governor 4-2-03, Chapter 987
Provides that certain obscenity violations are, when accomplished with a computer,
subject to separate and distinct punishment. Adds enhancements for punishment of
computer fraud based on volume of e-mail and revenue generated.
H.B.
2523
Prohibits sending unsolicited commercial electronic mail to persons
if the sender uses a third party's domain name without permission; contains
false or forged transmission information; contains false or misleading
information in the subject line or if the person notifies the sender that
he does not wish to receive commercial electronic mail from the sender.
Requires the sender to identify the message as an advertisement or solicitation;
provide notice of the right to decline to receive further unsolicited commercial
electronic mail messages from the sender; provide information for sending
requests to not receive further unsolicited commercial electronic mail
messages from the sender. Provides for damages.
S.B.1139
Signed by Governor 4-2-03, Chapter 1016
Provides that certain obscenity violations are, when accomplished with
a computer, subject to separate and distinct punishment. Adds enhancements
for punishment of computer fraud based on volume of e-mail and revenue generated.
S.B.
924
Prohibits sending commercial electronic mail to persons if the sender
uses a third party's domain name or electronic mail address without permission,
contains false, misleading or no information in the subject line or if
the intended recipient has indicated that he does not wish to receive commercial
electronic mail from the sender. Requires the sender to include certain
information to allow the recipient to not receive further commercial electronic
mail messages from the sender. Provides relief to an injured recipient,
third party whose domain name or electronic mail address was used without
permission, and interactive service provider.
S.B.
925
Expands the Telephone Privacy Protection Act to prohibit, subject to
certain exceptions, a person conducting business in the Commonwealth from
transmitting or causing to be transmitted a text message advertisement
to a cellular telephone, pager or other wireless device equipped with short
message or a similar capability.
WASHINGTON
H.B.
1287
Clarifies district court jurisdiction over actions involving commercial
electronic mail.
H.B. 2007
Signed by Governor, 5-7-03, Chapter 137
Prohibits the transmission of an electronic commercial
text message to a telephone number assigned to a Washington
resident for cellular telephone or pager service that is equipped
with short message capability or any similar capability allowing
the transmission of text messages.
H.B. 5925
Prohibits the transmission of an electronic commercial
text message to a telephone number assigned to a Washington
resident for cellular telephone or pager service that is equipped
with short message capability or any similar capability allowing
the transmission of text messages.
S.B.
5574
Clarifies district court jurisdiction over actions involving commercial
electronic mail.
S.B.
5734
Proposes 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.
WEST VIRGINIA
H.B.
2537
Prohibits sending an unsolicited electronic mail message, or a bulk
electronic mail message from a computer located in the state or to an electronic
mail address that the sender knows, or has reason to know, is held by a
residentof the state.
WISCONSIN
S.B. 36
Imposes restrictions on the transmittal of unsolicited electronic mail
for the purpose of encouraging customers to purchase property, goods, or services.
Under the bill, a person sending such electronic mail(solicitor) may not transmit
an unsolicited message without the consent of the person being solicited unless the
person being solicited has or has had a previous business relationship with the solicitor,
the solicitation
contains the legal name, street address, and electronic
mail address of the solicitor, or the solicitation contains a
statement that it is being made for the purpose of encouraging
the person being solicited to purchase property, goods, or services.
