CCS/SCS/HS/HCS/HB 228 - This act places certain requirements for sending commercial electronic mail messages.

It shall be a violation to send any unsolicited commercial electronic mail message to any subscriber in the state with a false identity or with false or misleading information. 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": or if it obscene material the first eight characters of the subject line must be "ADV:ADLT".

Additionally, it shall be a violation to initiate transmission of an unsolicited commercial electronic mail to a subscriber in the state who has notified the sender not to initiate the transmission of further electronic mail. Subscribers may notify senders through actual notice, a toll-free telephone number, a valid sender-operated return electronic mail address or notification of the Attorney General if the sender fails to provide a toll-free telephone number or valid sender- operated return electronic mail address. The Attorney General is provided authority to promulgate rules to implement the provisions.

The Attorney General may prosecute violations. Persons may be liable for civil penalties of up to $5,000 per knowing violation, not to exceed $25,000 per day, as well as sanctions for unlawful merchandising practices. The Attorney General may also issue investigative demands, issue subpoenas, administer oaths, and conduct hearings in its investigation.

It shall be a defense if the defendant has implemented due care to effectively prevent the transmission of unsolicited electronic mail messages. No action may be brought more than two years after the alleged violation was known or could have been known. A court may exercise personal jurisdiction over nonresidents.

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.

Upon receipt of information that child pornography is contained on a website, the Attorney General shall investigate. Upon probable cause the Attorney General shall notify the website operator in writing of the child pornography. If the operator promptly, but not longer than five days after notice removes the material and as long as they are not the purveyor of the material, there will be civil immunity. If the material is not remove the Attorney General may seek and injunction. These provisions shall not be construed to create any defense to criminal charges.

These provisions are similar to SCS/SB 10 (2003).
CINDY KADLEC