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H0505................................by JUDICIARY, RULES AND ADMINISTRATION
ELECTRONIC MAIL - Adds to existing law to provide prohibited acts under the
Consumer Protection Act regarding bulk electronic mail advertisement
practices; to provide for civil damages; and to provide exceptions.
02/04 House intro - 1st rdg - to printing
02/07 Rpt prt - to Jud
02/24 Rpt out - rec d/p - to 2nd rdg
02/25 2nd rdg - to 3rd rdg
02/28 3rd rdg - PASSED - 63-2-5
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
Bruneel, Callister, Campbell, Chase, Clark, Crow, Cuddy, Deal,
Denney, Ellsworth, Field(13), Field(20), Geddes, Gould, Hadley,
Hammond, Hansen(23), Hansen(29), Henbest, Jaquet, Judd, Kellogg,
Kempton, Kendell, Lake, Linford, Loertscher, Mader, Marley, McKague,
Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy,
Reynolds, Ridinger, Ringo, Robison, Sali, Sellman, Shepherd, Smith,
Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Trail, Wheeler,
Wood, Mr Speaker
NAYS -- Cheirrett, Hornbeck
Absent and excused -- Gagner, Jones, Kunz, Schaefer, Zimmermann
Floor Sponsor - Smith
Title apvd - to Senate
02/29 Senate intro - 1st rdg - to Jud
03/09 Rpt out - rec d/p - to 2nd rdg
03/10 2nd rdg - to 3rd rdg
03/29 3rd rdg - PASSED - 33-0-2
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Geddes, Hawkins,
Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Thorne, Wheeler, Whitworth, Williams
NAYS--None
Absent and excused--Frasure, Stennett
Floor Sponsor - Schroeder
Title apvd - to House
03/30 To enrol
03/31 Rpt enrol - Sp signed
04/03 Pres signed - to Governor
04/17 Governor signed
Session Law Chapter 423
Effective: 07/01/00
H0505
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 505
BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
1 AN ACT
2 RELATING TO THE TRANSMISSION OF BULK ELECTRONIC MAIL ADVERTISEMENTS; AMENDING
3 CHAPTER 6, TITLE 48, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 48-603E,
4 IDAHO CODE, TO DEFINE TERMS, TO PROVIDE PROHIBITED ACTS REGARDING BULK
5 ELECTRONIC MAIL ADVERTISEMENT PRACTICES, TO PROVIDE FOR CIVIL DAMAGES AND
6 TO PROVIDE EXCEPTIONS; AND PROVIDING AN EFFECTIVE DATE.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Chapter 6, Title 48, Idaho Code, be, and the same is
9 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
10 ignated as Section 48-603E, Idaho Code, and to read as follows:
11 48-603E. UNFAIR BULK ELECTRONIC MAIL ADVERTISEMENT PRACTICES. (1) For
12 purposes of this section, unless the context otherwise requires:
13 (a) "Bulk electronic mail advertisement" means an electronic message,
14 containing the same or similar advertisement, which is contemporaneously
15 transmitted to two (2) or more recipients, pursuant to an internet or
16 intranet computer network.
17 (b) "Computer network" means a set of related, remotely connected devices
18 and communication facilities, including two (2) or more computers, with
19 the capability to transmit data among them through communication facili-
20 ties.
21 (c) "Interactive computer service" means an information service, system
22 or access software provider that provides or enables computer access by
23 multiple users to a computer server, including specifically a service or
24 system that provides access to the internet, and such systems operated or
25 services offered by a library or an educational institution.
26 (d) "Recipient" means a person who receives any bulk electronic mail
27 advertisements.
28 (2) Any person who uses an interactive computer service to initiate or
29 cause the sending or transmittal of any bulk electronic mail advertisement
30 shall provide an electronic mail address readily identifiable in the bulk
31 electronic mail advertisement to which the recipient may send a request for
32 declining such mail.
33 (3) It is unlawful for a person to use an interactive computer service to
34 initiate or cause the sending or transmittal of any bulk electronic mail
35 advertisement to any recipient that the sender knows, or has reason to know,
36 engages in any of the following:
37 (a) Uses the name of a fictitious name of a third party in the return
38 address field without the permission of the third party.
39 (b) Misrepresents any information in identifying the point of origin of
40 the transmission path of the bulk electronic mail advertisement.
41 (c) Fails to contain information identifying the point of origin of the
42 transmission path of the bulk electronic mail advertisement.
43 (d) Sends or transmits, at any time after five (5) business days of a
2
1 declination, any bulk electronic mail advertisement to a recipient who
2 provided the sender with a request declining the receipt of such adver-
3 tisements.
4 (4) Pursuant to section 48-608, Idaho Code, a recipient that receives a
5 bulk electronic mail advertisement in violation of this section may bring an
6 action to recover actual damages. The recipient, in lieu of actual damages,
7 may elect to recover from the person transmitting or causing to be transmitted
8 such bulk electronic mail advertisement the greater of one hundred dollars
9 ($100) for each bulk electronic mail advertisement transmitted to the recipi-
10 ent in violation of this section or one thousand dollars ($1,000).
11 (5) This section does not apply to any of the following:
12 (a) A person, including an interactive computer service, who provides
13 users with access to a computer network, and as part of that service,
14 transmits electronic mail on behalf of those users, unless such person
15 transmits bulk electronic mail advertisements on behalf of those users
16 which the person knows, or should have known, were transmitted in viola-
17 tion of this section.
18 (b) Electronic mail advertisements which are accessed by the recipient
19 from an electronic bulletin board.
20 (c) A person who provides users with access at no charge to electronic
21 mail, including receiving and transmitting bulk electronic mail advertise-
22 ments, and, as a condition of providing such access, requires such users
23 to receive unsolicited advertisements.
24 (d) The transmission of bulk electronic mail advertisements from an orga-
25 nization or similar entity to the members of such organization.
26 (6) An interactive computer service is not liable under this section for
27 an action voluntarily taken in good faith to block or prevent the receipt or
28 transmission through its service of any bulk electronic mail advertisement
29 which is reasonably believed to be in violation of this section.
30 SECTION 2. This act shall be in full force and effect on and after July
31 1, 2000.
STATEMENT OF PURPOSE
RS 09471
Spamming is the practice of sending vast numbers of unsolicited e-mails,
generally of a commercial nature. This legislation is aimed at placing reasonable
restrictions on this practice. This bill amends the Idaho Consumer Protection
Act. It adds a new section which prohibits a person, with exceptions, from
sending bulk electronic mail advertisements to citizens who have told that person
that they do not want to receive such mail. The legislation also provides penalties
for persons who nevertheless send such advertisements after being requested not
to do so.
FISCAL NOTE
Other than potential workloads for the Office of Attorney General, there should be
no fiscal impact upon the general fund of the State.
Contact: William A. von Tagen, Office of Attorney General
Phone: 334-4140
Representative Leon Smith
332-1232
Representative Tom Trail
332-1202
STATEMENT OF PURPOSE/FISCAL IMPACT H 505