House Journal: Page 1510: Wednesday, April 21, 1999

15   which the recipient may send a request for declining

16   such electronic mail.
17     e.  Demonstrates a pattern of sending unsolicited
18   advertisements to a recipient who has sent the person
19   a request for declining such electronic mail following
20   a reasonable time, which in no event shall be more
21   than five business days, after the receipt by the
22   person of such request.
23     3.  CIVIL DAMAGES.
24     a.  (1)  Except as provided in paragraph "b", a
25   person who is injured in person or property as a
26   result of a violation of this section may bring an
27   action to recover damages.  Such damages shall
28   include, but are not limited to, actual damages
29   including lost profits.
30     (2)  Notwithstanding subparagraph (1), a person who
31   transmits or causes to be transmitted electronic mail
32   in violation of subsection 2 is liable to the
33   recipient of the electronic mail for monetary damages
34   in an amount equal to any actual damages, including
35   lost profits, caused by such transmittal.  The
36   recipient, in lieu of actual damages, may elect to
37   recover from the person transmitting or causing to be
38   transmitted such electronic mail the greater of ten
39   dollars for each bulk electronic mail message
40   transmitted to the recipient in violation of this
41   section, or five hundred dollars.  In addition to the
42   monetary damages, the recipient is also entitled to
43   costs and reasonable attorney fees.
44     b.  (1)  Notwithstanding paragraph "a", if the
45   person injured is an interactive computer service and
46   such injury arises from a person who transmits bulk
47   electronic mail without authority, such service may
48   recover actual damages, attorney fees, and costs.
49   Such service, in lieu of recovering actual damages,
50   may also elect to recover the greater of ten dollars
Page 3
 1   for each unsolicited bulk electronic mail message
 2   transmitted in violation of this section, or twenty-
 3   five thousand dollars.
 4     (2)  For purposes of this paragraph, a person is
 5   "without authority" when the person has no right or
 6   permission of the owner to use a computer, or the
 7   person uses the computer in a manner which exceeds the
 8   person's right or permission; or the person uses a
 9   computer, a computer network, or the computer services
10   or an interactive computer service to transmit
11   unsolicited bulk electronic mail in contravention of
12   the authority granted by or in violation of the
13   policies set by the interactive computer service to

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