Text: HF00323 Text: HF00325 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 714D.1 RESTRICTIONS ON USE OF
1 2 ELECTRONIC MAIL – DAMAGES – EXCEPTIONS.
1 3 1. For purposes of this section, unless the context
1 4 otherwise requires:
1 5 a. "Advertisement" means the same as defined in section
1 6 714.16, subsection 1.
1 7 b. "Computer" means an electronic device that performs
1 8 logical, arithmetical, and memory functions by manipulations
1 9 of electronic or magnetic impulses, and includes all input,
1 10 output, processing, storage, and communication facilities
1 11 which are connected or related to the computer, including a
1 12 computer network. As used in this paragraph, "computer"
1 13 includes any central processing unit, front-end processing
1 14 unit, miniprocessor, or microprocessor, and related peripheral
1 15 equipment such as data storage devices, document scanners,
1 16 data entry terminal controllers, and data terminal equipment
1 17 and systems for computer networks.
1 18 c. "Computer network" means a set of related, remotely
1 19 connected devices and communication facilities, including two
1 20 or more computers with capability to transmit data among them
1 21 through communication facilities.
1 22 d. "Electronic mail" means a message, file, data, or other
1 23 electronic information that is transmitted through a local,
1 24 regional, or global network, regardless of whether the
1 25 message, file, data, or other electronic information is
1 26 viewed, stored for retrieval at some future time, printed, or
1 27 filtered or screened by a computer program that is designed or
1 28 intended to filter or screen such message, file, data, or
1 29 other electronic information.
1 30 e. "Interactive computer service" means an information
1 31 service, system, or access software provider that provides or
1 32 enables computer access by multiple users to a computer
1 33 server, including specifically a service, system, or provider
1 34 that provides access to the internet, and such systems
1 35 operated or services offered by a library or an educational
2 1 institution.
2 2 f. "Recipient" means a person who receives electronic
2 3 mail.
2 4 2. a. A person shall not transmit or cause to be
2 5 transmitted to a recipient an item of electronic mail that
2 6 includes an advertisement unless any of the following applies:
2 7 (1) The person has a preexisting business or personal
2 8 relationship with the recipient.
2 9 (2) The recipient has expressly consented to receive the
2 10 item of electronic mail from the person.
2 11 (3) The electronic mail is readily identifiable as a
2 12 promotional advertisement, or contains a clear and conspicuous
2 13 statement indicating that an item of the electronic mail is an
2 14 advertisement, and clearly and conspicuously includes both of
2 15 the following:
2 16 (a) The legal name, complete address, and electronic mail
2 17 address of the person transmitting the electronic mail.
2 18 (b) A notice that the recipient may decline to receive
2 19 additional electronic mail that includes an advertisement from
2 20 the person transmitting the electronic mail and the procedures
2 21 for declining such electronic mail.
2 22 b. A person shall not transmit or cause to be transmitted
2 23 to a recipient an item of electronic mail that includes false
2 24 or misleading information in the subject line of the
2 25 electronic mail.
2 26 3. A person who transmits or causes to be transmitted
2 27 electronic mail in violation of subsection 2 is liable to the
2 28 recipient for monetary damages in an amount equal to any
2 29 actual damages caused by such transmittal, or five hundred
2 30 dollars, whichever is greater. In addition to the monetary
2 31 damages, the recipient is also entitled to costs and
2 32 reasonable attorney fees.
2 33 4. In addition to any other remedy under this section, a
2 34 recipient may also petition the district court for an
2 35 injunction to prohibit the person from transmitting to the
3 1 recipient any other electronic mail that includes an
3 2 advertisement.
3 3 5. This section does not apply to either of the following:
3 4 a. A person who provides users with access to a computer
3 5 network, and as part of that service, transmits electronic
3 6 mail on behalf of those users, unless such person transmits
3 7 electronic mail that includes an advertisement which the
3 8 person prepared or caused to be prepared.
3 9 b. Electronic mail which is accessed by a recipient
3 10 voluntarily including, but not limited to, electronic mail
3 11 accessed by the recipient from an electronic bulletin board.
3 12 6. An interactive computer service is not liable under
3 13 this section for an action voluntarily taken in good faith to
3 14 block or prevent the receipt or transmission through its
3 15 service of any commercial electronic mail which is reasonably
3 16 believed to be in violation of subsection 2.
3 17 Sec. 2. NEW SECTION. 714D.2 PROVIDING FALSE INFORMATION
3 18 ON POINT OF ORIGIN OR ROUTING.
3 19 1. A person shall not initiate a communication for
3 20 delivery of an advertisement, as defined in section 714.16,
3 21 subsection 1, that contains false information as to the point
3 22 of origin or routing of the communication.
3 23 2. a. A person who unknowingly commits an act in
3 24 violation of subsection 1, commits a serious misdemeanor and
3 25 is subject to a fine of at least two hundred fifty dollars but
3 26 not to exceed one thousand five hundred dollars.
3 27 b. A person who knowingly commits an act in violation of
3 28 subsection 1 commits an aggravated misdemeanor.
3 29 3. For purposes of this section, "communication" means
3 30 electronic information that is transmitted over the internet
3 31 or a similar public computer network.
3 32 Sec. 3. LEGISLATIVE FINDINGS – STUDY REQUEST.
3 33 1. The general assembly finds that the volume of
3 34 commercial electronic mail is growing, and that consumer
3 35 complaints concerning commercial electronic mail are likely to
4 1 increase. It is the intent of the general assembly to provide
4 2 relief from the unsolicited receipt of such electronic mail by
4 3 prohibiting the sending of commercial electronic mail
4 4 messages, except in certain circumstances, without the
4 5 recipient's permission. It is also the intent of the general
4 6 assembly to prohibit electronic mail which contains untrue or
4 7 misleading information.
4 8 2. The legislative council is requested to create an
4 9 interim committee to study the technical, legal, and cost
4 10 issues implicated in the use of electronic mail for commercial
4 11 purposes. The interim committee should review the actions of
4 12 other states pertaining to the regulation of electronic mail.
4 13 The interim committee should make any necessary
4 14 recommendations to the general assembly regarding the
4 15 regulation of commercial electronic mail messages.
4 16 EXPLANATION
4 17 This bill creates new Code section 714D.1 and prohibits a
4 18 person from transmitting or causing to be transmitted
4 19 electronic mail that includes an advertisement unless the
4 20 person has a preexisting business or personal relationship
4 21 with the recipient; the recipient has expressly consented to
4 22 receive the item of electronic mail from the person; or the
4 23 electronic mail is readily identifiable as a promotional
4 24 advertisement, or contains a clear and conspicuous statement
4 25 indicating that the item is an advertisement, and clearly and
4 26 conspicuously includes the legal name, complete address, and
4 27 electronic mail address of the person transmitting the
4 28 electronic mail, and a notice that the recipient may decline
4 29 to receive additional electronic mail that includes an
4 30 advertisement from the person transmitting the electronic
4 31 mail.
4 32 The bill provides that a person who transmits or causes to
4 33 be transmitted electronic mail in violation of this new
4 34 section is liable to the recipient for monetary damages in an
4 35 amount equal to any actual damages caused by such transmittal,
5 1 or $500, whichever is greater. In addition to the monetary
5 2 damages, the recipient is also entitled to reasonable attorney
5 3 fees and costs, and may petition the district court for an
5 4 injunction to prohibit the sender from transmitting to the
5 5 recipient any other item of electronic mail which includes an
5 6 advertisement.
5 7 The bill provides that an interactive computer service is
5 8 not liable for an action voluntarily taken in good faith to
5 9 block or prevent the receipt or transmission through its
5 10 service of any commercial electronic mail which is reasonably
5 11 believed to be in violation of the bill.
5 12 The bill creates new Code section 714D.2 and prohibits a
5 13 person from initiating a communication for delivery of an
5 14 advertisement that contains false information as to the point
5 15 of origin or routing of the communication. A person who
5 16 unknowingly violates this provision commits a serious
5 17 misdemeanor, and is subject to a fine of at least $250 but not
5 18 to exceed $1,500. A person who knowingly violates this
5 19 provision commits an aggravated misdemeanor and is subject to
5 20 imprisonment not to exceed two years and a fine of at least
5 21 $500 but not to exceed $5,000.
5 22 The bill also requests the legislative council to create an
5 23 interim committee to study the technical, legal, and cost
5 24 issues implicated in the use of electronic mail for commercial
5 25 purposes, and to make appropriate recommendations to the
5 26 general assembly regarding the regulation of commercial
5 27 electronic mail messages.
5 28 LSB 1726YH 78
5 29 mj/cf/24.1
Text: HF00323 Text: HF00325 Text: HF00300 - HF00399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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