Text: HF00447 Text: HF00449 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 448 1 2 1 3 AN ACT 1 4 PROHIBITING THE TRANSMISSION OF ELECTRONIC MAIL WHICH INCLUDES 1 5 ADVERTISEMENTS IN CERTAIN CIRCUMSTANCES AND PROVIDING FOR 1 6 MONETARY DAMAGES, CRIMINAL PENALTIES, AND OTHER REMEDIES. 1 7 1 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 9 1 10 Section 1. NEW SECTION. 714D.1 RESTRICTIONS ON USE OF 1 11 ELECTRONIC MAIL DAMAGES EXCEPTIONS. 1 12 1. DEFINITIONS. For purposes of this section, unless the 1 13 context otherwise requires: 1 14 a. "Advertisement" means an electronic mail message sent 1 15 to a computer for the purpose of promoting real property, 1 16 goods, or services for sale, lease, barter, or auction. 1 17 b. "Computer" means an electronic device that performs 1 18 logical, arithmetical, and memory functions by manipulations 1 19 of electronic or magnetic impulses, and includes all input, 1 20 output, processing, storage, and communication facilities 1 21 which are connected or related to the computer, including a 1 22 computer network. As used in this paragraph, "computer" 1 23 includes any central processing unit, front-end processing 1 24 unit, miniprocessor, or microprocessor, and related peripheral 1 25 equipment such as data storage devices, document scanners, 1 26 data entry terminal controllers, and data terminal equipment 1 27 and systems for computer networks. 1 28 c. "Computer network" means a set of related, remotely 1 29 connected devices and communication facilities, including two 1 30 or more computers with capability to transmit data among them 1 31 through communication facilities. 1 32 d. "Electronic mail" means an electronic message, file, 1 33 data, or other electronic information that is transmitted 1 34 using an internet or intranet computer network to one or more 1 35 persons. 2 1 e. "Interactive computer service" means an information 2 2 service, system, or access software provider that provides or 2 3 enables computer access by multiple users to a computer 2 4 server, including specifically a service or system that 2 5 provides access to the internet, and such systems operated or 2 6 services offered by a library or an educational institution. 2 7 f. "Internet domain name" means a globally unique, 2 8 hierarchical reference to an internet host or service, 2 9 assigned through a centralized internet naming authority, 2 10 comprising a series of character strings separated by periods, 2 11 with the right-most string specifying the top of the 2 12 hierarchy. 2 13 g. "Recipient" means a person who receives electronic 2 14 mail. 2 15 2. PROHIBITED ACTS. It is unlawful for a person to use an 2 16 interactive computer service to initiate the sending of bulk 2 17 electronic mail that the sender knows, or has reason to know, 2 18 violates any of the following: 2 19 a. Uses the name of a third party in the return address 2 20 field without permission of the third party. 2 21 b. Misrepresents any information in identifying the point 2 22 of origin of the transmission path of the electronic mail. 2 23 c. Does not contain information identifying the point of 2 24 origin or the transmission path of the electronic mail 2 25 message. 2 26 d. With respect to an unsolicited advertisement, does not, 2 27 at a minimum, provide an electronic mail address readily 2 28 identifiable in the advertisement to which the recipient may 2 29 send a request for declining such electronic mail. 2 30 e. Demonstrates a pattern of sending unsolicited 2 31 advertisements to a recipient who has sent the person a 2 32 request for declining such electronic mail following a 2 33 reasonable time, which in no event shall be more than five 2 34 business days, after the receipt by the person of such 2 35 request. 3 1 3. CIVIL DAMAGES. 3 2 a. (1) Except as provided in paragraph "b", a person who 3 3 is injured in person or property as a result of a violation of 3 4 this section may bring an action to recover damages. Such 3 5 damages shall include, but are not limited to, actual damages 3 6 including lost profits. 3 7 (2) Notwithstanding subparagraph (1), a person who 3 8 transmits or causes to be transmitted electronic mail in 3 9 violation of subsection 2 is liable to the recipient of the 3 10 electronic mail for monetary damages in an amount equal to any 3 11 actual damages, including lost profits, caused by such 3 12 transmittal. The recipient, in lieu of actual damages, may 3 13 elect to recover from the person transmitting or causing to be 3 14 transmitted such electronic mail the greater of ten dollars 3 15 for each bulk electronic mail message transmitted to the 3 16 recipient in violation of this section, or five hundred 3 17 dollars. In addition to the monetary damages, the recipient 3 18 is also entitled to costs and reasonable attorney fees. 3 19 b. (1) Notwithstanding paragraph "a", if the person 3 20 injured is an interactive computer service and such injury 3 21 arises from a person who transmits bulk electronic mail 3 22 without authority, such service may recover actual damages, 3 23 attorney fees, and costs. Such service, in lieu of recovering 3 24 actual damages, may also elect to recover the greater of ten 3 25 dollars for each unsolicited bulk electronic mail message 3 26 transmitted in violation of this section, or twenty-five 3 27 thousand dollars. 3 28 (2) For purposes of this paragraph, a person is "without 3 29 authority" when the person has no right or permission of the 3 30 owner to use a computer, or the person uses the computer in a 3 31 manner which exceeds the person's right or permission; or the 3 32 person uses a computer, a computer network, or the computer 3 33 services or an interactive computer service to transmit 3 34 unsolicited bulk electronic mail in contravention of the 3 35 authority granted by or in violation of the policies set by 4 1 the interactive computer service to the extent the person has 4 2 received actual notice of such policies. Transmission of 4 3 electronic mail from an organization or similar entity to the 4 4 members of such organization or similar entity shall not be 4 5 deemed to be unsolicited bulk electronic mail. 4 6 c. In an action brought under this chapter, a court shall 4 7 preserve the secrecy of an alleged trade secret by reasonable 4 8 means, including but not limited to granting protective orders 4 9 in connection with discovery proceedings, holding in-camera 4 10 hearings, sealing the records of the action, and ordering a 4 11 person involved in the litigation not to disclose an alleged 4 12 trade secret without prior court approval. 4 13 d. This section shall not be construed to limit any 4 14 person's right to pursue any additional civil remedy otherwise 4 15 allowed by law. 4 16 4. INJUNCTION. In addition to any other remedy under this 4 17 section, a recipient may also petition the district court for 4 18 an injunction to prohibit the person from transmitting to the 4 19 recipient any other electronic mail that includes an 4 20 advertisement. 4 21 5. JURISDICTION. Transmitting or causing the transmission 4 22 of unsolicited bulk electronic mail to or through an 4 23 interactive computer service's computer network located in 4 24 this state shall constitute an act in this state. When 4 25 jurisdiction over a person is based solely upon this section, 4 26 only a cause of action arising from acts enumerated in this 4 27 section may be asserted against that person. However, this 4 28 chapter does not limit, restrict, or otherwise affect the 4 29 jurisdiction of any court of this state over foreign 4 30 corporations which are subject to service of process pursuant 4 31 to any other statute, or the jurisdiction of any court of this 4 32 state over a person for engaging in acts which result in 4 33 jurisdiction under this section. 4 34 6. EXCEPTIONS. 4 35 a. This section does not apply to any of the following: 5 1 (1) A person who provides users with access to a computer 5 2 network, and as part of that service, transmits electronic 5 3 mail on behalf of those users, unless such person knowingly 5 4 transmits electronic mail that includes an advertisement which 5 5 the person prepared or caused to be prepared. 5 6 (2) A person who provides users with access to a computer 5 7 network, and as part of that service, transmits electronic 5 8 mail on behalf of those users, unless such person transmits 5 9 electronic mail on behalf of those users which the person 5 10 knows, or should have known was transmitted in violation of 5 11 subsection 2. 5 12 (3) Electronic mail which is accessed by the recipient 5 13 from an electronic bulletin board. 5 14 (4) A person who provides users with access at no charge 5 15 to electronic mail, including receiving and transmitting such 5 16 electronic mail, and as a condition of providing such access 5 17 requires such users to receive unsolicited advertisements. 5 18 b. An interactive computer service is not liable under 5 19 this section for an action voluntarily taken in good faith to 5 20 block or prevent the receipt or transmission through its 5 21 service of any commercial electronic mail which is reasonably 5 22 believed to be in violation of subsection 2. 5 23 Sec. 2. NEW SECTION. 714D.2 CIVIL ENFORCEMENT. 5 24 1. A violation of section 714D.1, subsection 2, is a 5 25 violation of section 714.16, subsection 2, paragraph "a". All 5 26 the powers conferred upon the attorney general to accomplish 5 27 the objectives and carry out the duties prescribed pursuant to 5 28 section 714.16 are also conferred upon the attorney general to 5 29 enforce section 714D.1, including, but not limited to the 5 30 power to issue subpoenas, adopt rules which shall have the 5 31 force of law, and seek injunctive relief and civil penalties. 5 32 2. In seeking reimbursement pursuant to section 714.16, 5 33 subsection 7, from a person who has committed a violation of 5 34 section 714D.1, subsection 2, the attorney general may seek an 5 35 order from the court that the person pay to the attorney 6 1 general on behalf of consumers the amounts for which the 6 2 person would be liable under section 714D.1, subsection 3, for 6 3 each consumer who has a cause of action pursuant to section 6 4 714D.1, subsection 3. Section 714.16, as it relates to 6 5 consumer reimbursement, shall apply to consumer reimbursement 6 6 pursuant to this section. 6 7 6 8 6 9 6 10 BRENT SIEGRIST 6 11 Speaker of the House 6 12 6 13 6 14 6 15 MARY E. KRAMER 6 16 President of the Senate 6 17 6 18 I hereby certify that this bill originated in the House and 6 19 is known as House File 448, Seventy-eighth General Assembly. 6 20 6 21 6 22 6 23 ELIZABETH ISAACSON 6 24 Chief Clerk of the House 6 25 Approved , 1999 6 26 6 27 6 28 6 29 THOMAS J. VILSACK 6 30 Governor
Text: HF00447 Text: HF00449 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
© 1999 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Wed Jan 12 05:55:23 CST 2000
URL: /DOCS/GA/78GA/Legislation/HF/00400/HF00448/990427.html
jhf