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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