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Unsolicited Commercial E-Mail Advertisements (Anti-Spam Legislation)
2002 Legislative Activity

Year-end summary, December 2002

Summary: Legislation aimed at controlling unsolicited commercial e-mail was introduced in at least 30 states and enacted in seven states in 2002 -- Kansas, Maryland, Minnesota, Ohio, Pennsylvania, South Dakota and Utah. California and Pennsylvania also enacted laws targeting cell phone spam. Twenty-six states currently have anti-spam laws. See also current state laws.


ARIZONA

H.B. 2082
Status
Establishes restraints on unsolicited, commercial electronic mail messages, including prohibitions on false or misleading email messages.

H.B. 2561
Status
Establishes a no-contact list of telephone, fax numbers and electronic mail addresses of residents of the state who object to receiving solicitations.

CALIFORNIA

A.B. 1769
Status: Signed by Governor, 9/19/02, Chapter 699
Prohibits a person or entity conducting business in this state from transmitting or causing to be transmitted a text message consisting of unsolicited advertising material to a cellular telephone or pager equipped with short message capability or any similar capability allowing the transmission of text messages.

CONNECTICUT

S.B. 331
Status
Prohibits misrepresentation in the sending of commercial electronic mail.

S.B. 484
Status
Places certain restrictions on persons sending unsolicited electronic mails.

FLORIDA

S.B. 2280
Prohibits the sending of unsolicited electronic mail advertising to a person after the recipient requests the advertisments stop.

HAWAII

H.B. 155
Status
Requires unsolicited advertisements sent via e-mail or facsimile to include a toll-free phone number or address by which the recipient may request for no further advertisements to be sent to them. Requires that advertising e-mails include the designation "ADV" in the subject line. Requires advertising e-mails with adult content to include the designation "ADV:ADLT."

H.B. 2088
Status
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. 2379
Status
Adds a new chapter on misleading electronic mail; prohibitions and violations; sets damage amounts.

ILLINOIS

H.B. 5580
Status
Prohibits sending an e-mail consisting of unsolicited advertising material unless it includes information that may be used to notify the sender not to send further unsolicited advertising. Requires the subject line of an unsolicited advertising e-mail message to include "ADV:" and "ADV:ADLT" if it concerns materials available only to those 18 years of age and older.

S.B. 2082
Status
Requires a person who transmits an unsolicited commercial electronic mail message to include specified information at the beginning of the body of the message, and requires Internet routing information in such a message to be accurate.

INDIANA

S.B. 326
Status
Prohibits false or misleading electronic messages. Authorizes an interactive computer service to block the receipt or transmission of such e-mail.

KANSAS

S. B. 467
Status: Signed by Governor, 5/17/02
Requires electronic mail messages sent to promote property or services for sale or rent to identify the sender and include instructions for recipients of the message to notify the sender not to send subsequent messages.

KENTUCKY

H.B. 466
Status
Prohibits sending unsolicited advertising electronic mail without including information that may be used to notify the sender not to send further unsolicited advertising. Requires the subject line of an unsolicited advertising e-mail message to include "ADV:" and "ADV:ADLT" if it concerns materials available only to those 18 years of age and older.

MAINE

L.D. 2041
Status
Requires unsolicited commercial e-mail to contain a valid toll-free telephone number, return e-mail address and return postal address maintained by the sender to which the recipient may respond indicating that the recipient does not wish to receive further unsolicited commercial e-mail from the sender. Requires the subject line of an unsolicited advertising e-mail message to include "ADV:" and "ADV:ADLT" if it concerns materials available only to those 18 years of age and older.

MARYLAND

H.B. 280
Status
Makes it a misdemeanor to initiate, conspire in, or assist in the transmission of specified commercial electronic mail that is from a computer in the State or is sent to an electronic mail address held by a resident of the State and that contains certain unauthorized, misleading, or false information; specifying that a violation is an unfair and deceptive trade practice.

H.B. 915
Status: Signed by Governor, 5/6/02
Prohibits a person from transmitting or conspiring to transmit misleading commercial electronic mail messages.

S.B. 538
Status: Signed by Governor, 5/6/02, Chapter 323
Prohibits a person from transmitting, conspiring to transmit, or assisting in the transmission of specified commercial electronic mail that is from a specified computer or is sent to a specified electronic mail address and that contains unauthorized, misleading, or false information; specifying a presumption; authorizing an interactive computer service provider to block commercial electronic mail in a specified manner.

MASSACHUSETTS

H.B. 3707
Status
Prohibits sending misleading intra-state unsolicited commercial electronic mail messages.

S.B. 1795
Status
Controls "spamming" and advertising and sales activities conducted via electronic mail.

MICHIGAN

H.B. 5777
Status
Prohibits electronic mail messages that use a third party's Internet domain name without permission or otherwise misrepresent information in identifying the point of origin or the transmission path of a commercial electronic mail message, or that contain false or misleading information in the subject line.

MINNESOTA

H.F. 3625
Status
Prohibits commercial electronic mail messages that use a third party's Internet domain name without permission or otherwise misrepresent information in identifying the point of origin or the transmission path of a commercial electronic mail message, or that contain false or misleading information in the subject line. Requires the subject line of a commercial electronic mail message to include "ADV," and if the message contains information that may only be viewed by an individual 18 years of age and older, the subject line of the message must include "ADV-ADULT."

S.F. 2908
Status: Signed by Governor, 5/22/02
Prohibits the transmission of false or misleading commercial electronic messages, requires the subject line of the messages to include certain letters indicating commercial mail, requires a toll free telephone number or valid sender operated return electronic mail address to allow recipient to stop the transmission of further messages.

MISSOURI

H.B. 1042
Status
Prohibits anyone from sending a commercial e-mail message to or from a computer in Missouri if the message obscures the sender's identity or contains false or misleading information in the subject line.

H.B. 1831
Status
Expands the no-call list to include faxes and emails.

H.B. 1976
Status
Requires senders of unsolicited e-mail messages to remove a person from their mailing list if the person indicates they want to be removed from the sender's list.

H.B. 2067
Status
Prohibits the transmission of email messages from computers located in the state or to email addresses of state residents if the email misrepresents the source of the message or contains false or misleading information in the subject line.

NEBRASKA

L.B. 26
Status
Prohibits a person or government agency from initiating an unsolicited electronic mail advertisement or any electronic mail for which the source has been falsified, concealed, or intentionally misidentified, to any electronic mail address within the state.

NEW HAMPSHIRE

H.B. 1162
Status
Establishes a registry with the department of justice for restricted solicitation electronic mail providers. Prohibits sending unsolicited commercial electronic mail to an electronic mail address served by a restricted solicitation electronic mail provider. Prohibits sending unsolicited commercial electronic mail without including information that allows recipients to request not to receive any further messages.

NEW JERSEY

A.B. 130
Prohibits sending unsolicited bulk commercial electronic mail 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.

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, the bill stipulates that a sender shall immediately discontinue unsolicited commercial electronic mail to an individual who requests that such mail be discontinued.

A.B. 1323
Prohibits sending unsolicited advertising electronic mail without including information that may be used to notify the sender not to send further unsolicited advertising. Requires the subject line of an unsolicited advertising e-mail message to include "ADV:" and "ADV:ADLT" if it concerns materials available only to those 18 years of age and older.

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. 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. 980
Prohibits sending unsolicited advertising electronic mail without including information that may be used to notify the sender not to send further unsolicited advertising. Requires the subject line of an unsolicited advertising e-mail message to include "ADV:" and "ADV:ADLT" if it concerns materials available only to those 18 years of age and older.

S.B. 1021
Prohibits sending unsolicited advertising electronic mail without including information that may be used to notify the sender not to send further unsolicited advertising. Requires the subject line of an unsolicited advertising e-mail message to include "ADV:" and "ADV:ADLT" if it concerns materials available only to those 18 years of age and older.

S.B. 1217
Concerns commercial telephone and electronic mail solicitations.

NEW YORK

A.B. 1390
Status
Prohibits transmission of falsified or misleading unsolicited bulk electronic mail.

A.B. 4230
Status
Requires any person or corporation that purchases a listing of consumers used in direct unsolicited advertising to provide clear and conspicuous written notice to the consumer within the advertisement of the consumer's right not to receive any further advertisements.

A.B. 5877
Status
Prohibits sending certain unsolicited e-mail messages during business hours and prohibits sending such messages to persons who expressly declare that they do not want to receive the messages.

A.B. 7762
Status
Regulates the transmission of unsolicited commercial electronic mail advertising to require certain information to be included therein and requiring termination of such transmissions upon the request of the recipient.

A.B. 8330
Status
Makes it unlawful to transmit any unsolicited electronic mail advertisements unless the sender clearly indicates its identity, postal address and electronic mail address or telephone number and the means to notify the sender to discontinue transmitting such unsolicited electronic mail advertisements.

A.B. 8456
Status
Makes unsolicited electronic mail advertising unlawful unless certain information is provided by the sender, including the sender's name and street and e-mail address; prohibits sale, lease or exchange of certain personal identifying information obtained online without the knowledge and affirmative consent of the consumer; makes provisions for penalties for violations.

A.B. 8652
Status
Relates to including persons who wish not to receive unsolicited e-mails on the telemarketing sales calls statewide registry.

S.B. 1452
Status
Regulates the transmission of unsolicited commercial electronic mail advertising to require certain information to be included therein and requiring termination of such transmissions upon the request of the recipient.

S.B. 5302
Status
Makes it unlawful to transmit any unsolicited electronic mail advertisements unless the sender clearly indicates its identity, postal address and electronic mail address or telephone number and the means to notify the sender to discontinue transmitting such unsolicited electronic mail advertisements.

NORTH CAROLINA

H.B. 1497
Status
Prohibits falsely identifying or forging electronic mail transmission information or other routing information on unsolicited electronic mail.

S.B. 98
Status: Signed by Governor 10/31/02
Authorizes a study of Internet spam.

S.B. 1171
Status
Prohibits falsely identifying or forging electronic mail transmission information or other routing information on unsolicited electronic mail.

OHIO

S.B. 8
Status: Signed by GOVERNOR, 8/1/02
Requires an e-mail advertisement to include the transmitter's name and address and a notice that the recipient may decline to receive further e-mail advertisements. Establishes that a person is guilty of the criminal offense of forgery if that person uses a computer, a computer network, a computer program, or the computer services of an e-mail service provider with the intent to forge an originating address or other routing information in connection with an e-mail advertisement's transmission through or into the network of an e-mail service provider or its subscribers.

PENNSYLVANIA

H.B. 292
Status
Prohibits transmitting unsolicited bulk commercial electronic mail that falsely identifies routing or other information.

H.B. 635
Status
Prohibits sending unsolicited advertising electronic mail without including information that may be used to notify the sender not to send further unsolicited advertising. Requires the subject line of an unsolicited advertising e-mail message to include "ADV:" and "ADV:ADLT" if it concerns materials available only to those 18 years of age and older.

H.B. 2614
Status: Signed by the Governor, 12/16/02
Prohibits 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.

H.B. 2694
Status
Prohibits certain commercial electronic transmissions and the use of text, graphic or image messaging systems of wireless telephone systems to transmit unsolicited commercial messages; imposing penalties; providing for an individual action for damages; authorizing the blocking of commercial electronic mail by interactive computer service; and providing for the powers of the Attorney General.

S.B. 561
Status
Provides for unsolicited gambling electronic mail advertisements.

S.B. 1221
Status
Prohibits sending unsolicited advertising electronic mail without including information that may be used to notify the sender not to send further unsolicited advertising. Requires the subject line of an unsolicited advertising e-mail message to include "ADV:" and "ADV:ADLT" if it concerns materials available only to those 18 years of age and older.

SOUTH DAKOTA

H.B. 1158
Prohibits any person from sending any South Dakota e-mail address any commercial e-mail message soliciting the addressee to engage in internet gaming or advertising the availability of internet gaming unless the addressee has specifically requested such e-mail.

H.B. 1227
Prohibits sending unsolicited advertising electronic mail without including information that may be used to notify the sender not to send further unsolicited advertising. Requires the subject line of an unsolicited advertising e-mail message to include "ADV:" and "ADV:ADLT" if it concerns materials available only to those 18 years of age and older.

S.B. 180
Status: Signed by GOVERNOR, 2/27/02
Requires unsolicited commercial electronic mail messages to include in the subject line of such message "ADV:" If the message contains information that consists of explicit sexual material that may only be viewed, purchased, rented, leased, or held in possession by an individual eighteen years of age and older, requires the subject line of each message to include "ADV:ADLT."

S.B. 183
Status: Signed by GOVERNOR, 2/28/02
Prohibits misleading unsolicited commercial e-mails.

TENNESSEE

H.B. 2851
Adds, in addition to any other remedy, $50.00 civil penalty for each facsimile or e-mail sent in violation of provisions of existing law regulating transmission of unsolicited advertising material.

H.B. 2861
Prohibits sending unsolicited advertising electronic mail without including information that may be used to notify the sender not to send further unsolicited advertising. Requires the subject line of an unsolicited advertising e-mail message to include "ADV:" and "ADV:ADLT" if it concerns materials available only to those 18 years of age and older.

S.B. 2120
Adds, in addition to any other remedy, $50.00 civil penalty for each facsimile or e-mail sent in violation of provisions of existing law regulating transmission of unsolicited advertising material.

S.B. 2372
Prohibits sending unsolicited advertising electronic mail without including information that may be used to notify the sender not to send further unsolicited advertising. Requires the subject line of an unsolicited advertising e-mail message to include "ADV:" and "ADV:ADLT" if it concerns materials available only to those 18 years of age and older.

UTAH

H.B. 80
Status: Signed by Governor, 3/19/02
Requires a person who sends or causes to be sent an unsolicited commercial email to include contact information so that the recipient may conveniently and at no cost be excluded from email from the sender. Requires unsolicited commercial email to include in the email a subject line that contains "ADV:" as the first nine characters.

H.B. 143
Status: Signed by Governor, 3/26/02
Requires a person who sends or causes to be sent an unsolicited sexually explicit email to include contact information so that the recipient may conveniently and at no cost be excluded from future sexually explicit email from the sender. Requires unsolicited sexually explicit emails to include in the email a subject line that contains "ADV:ADULT" as the first nine characters.

VERMONT

H.B. 719
Status
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
Status
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.

WASHINGTON

SB 6568
Status
Requires the sender of commercial electronic mail to identify itself as a commercial message by including "ADV:" as the first four characters in the subject line.

WISCONSIN

A.B. 416
Status
Prohibits certain electronic mail solicitations and provides a penalty.

S.B. 212
Status
Prohibits electronic mail solicitations to a person who has notified the solicitor in writing or by electronic mail, at least 30 days before the solicitor makes the solicitation, that the person does not want to receive electronic mail solicitations.

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