| SB 0010 | Creates a no-spam list in Attorney General's office for unsolicited commercial email |
| Sponsor: | Goode | Co-Sponsor(s) | ||
| LR Number: | 0416S.01I | Fiscal Note: | 0416-01 | |
| Committee: | Commerce and Environment | |||
| Last Action: | 02/25/03 - SCS Voted Do Pass S Commerce & the Environment | Journal page: | ||
| Committee (0416S.05C) | ||||
| Title: | SCS SB 10 | |||
| Effective Date: | August 28, 2003 | |||
SCS/SB 10 - This act would place certain requirements for sending commercial electronic mail messages.
Persons who initiate electronic transmissions, whether unsolicited or not, which solicit the purchase of, rental of, or investment in property, goods or services must clearly state in the subject line their identity and as the first four letters of the subject line must have "ADV:". It shall be a violation for any person to use a third party's internet address or domain name without permission for the purpose of transmitting mail in a way that it appears that the third party sent the mail.
The Attorney General may prosecute violations. Persons may be liable for civil penalties of up to $5,000 per violation as well as sanctions for unlawful merchandising practices.
An email service provider shall not be liable for unlawful merchandising due to the fact that they are an intermediary between the sender and recipient, that they provide transmission of the unsolicited commercial email over the providers computer network or facilities, or that they block messages in good faith which they believe violate the provisions of this act so long as the ISP notifies the Attorney General.
The Attorney General enforcement section shall become effective July 1, 2004.
This act contains a termination date of July 1, 2009.
These provisions are similar to CCS/SCS/HS/HCS/HB 228
(2003).
CINDY KADLEC