Unsolicited e-mail legislation
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ENGROSSED SUBSTITUTE HOUSE BILL 2752 [status]
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State of Washington 55th Legislature 1998 Regular Session
By House Committee on Energy & Utilities (originally sponsored by
Representatives Bush, Crouse, Gardner, Cairnes, Dyer, Mulliken, Morris,
Linville, Reams, Romero, Smith, McDonald, Ogden, Dickerson, Butler,
O'Brien, Ballasiotes, Talcott and Appelwick; by request of Attorney
General)
Read first time 02/03/98. Referred to Committee on .
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 volume
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.
(1) "Commercial electronic mail message" means an electronic mail
message sent for the purpose of promoting real property, goods, or
services for sale or lease.
(2) "Electronic mail address" means a destination, commonly
expressed as a string of characters, to which electronic mail may be
sent or delivered.
(3) "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.
(4) "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.
(5) "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.
(2) 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. (1) 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.
(2) 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. (1) 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.
(2) 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. (1) 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.
(2) 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. (1) The select task force on
commercial electronic mail messages 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.
(2) The select task force shall be composed of three 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; and
(b) One person appointed by the governor.
(3) 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 organizations interested in free speech and other
civil liberty matters; and
(f) Internet users.
(4) Staff support for the select task force shall be provided by
the house of representatives office of program research.
(5) This section expires December 31, 1998.
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