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
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