House Journal: Page 1511: Wednesday, April 21, 1999

14   the extent the person has received actual notice of

15   such policies.  Transmission of electronic mail from
16   an organization or similar entity to the members of
17   such organization or similar entity shall not be
18   deemed to be unsolicited bulk electronic mail.
19     c.  In an action brought under this chapter, a
20   court shall preserve the secrecy of an alleged trade
21   secret by reasonable means, including but not limited
22   to granting protective orders in connection with
23   discovery proceedings, holding in-camera hearings,
24   sealing the records of the action, and ordering a
25   person involved in the litigation not to disclose an
26   alleged trade secret without prior court approval.
27     d.  This section shall not be construed to limit
28   any person's right to pursue any additional civil
29   remedy otherwise allowed by law.
30     4.  INJUNCTION.  In addition to any other remedy
31   under this section, a recipient may also petition the
32   district court for an injunction to prohibit the
33   person from transmitting to the recipient any other
34   electronic mail that includes an advertisement.
35     5.  JURISDICTION.  Transmitting or causing the
36   transmission of unsolicited bulk electronic mail to or
37   through an interactive computer service's computer
38   network located in this state shall constitute an act
39   in this state.  When jurisdiction over a person is
40   based solely upon this section, only a cause of action
41   arising from acts enumerated in this section may be
42   asserted against that person.  However, this chapter
43   does not limit, restrict, or otherwise affect the
44   jurisdiction of any court of this state over foreign
45   corporations which are subject to service of process
46   pursuant to any other statute, or the jurisdiction of
47   any court of this state over a person for engaging in
48   acts which result in jurisdiction under this section.
49     6.  EXCEPTIONS.
50     a.  This section does not apply to any of the
Page 4
 1   following:
 2     (1)  A person who provides users with access to a
 3   computer network, and as part of that service,
 4   transmits electronic mail on behalf of those users,
 5   unless such person knowingly transmits electronic mail
 6   that includes an advertisement which the person
 7   prepared or caused to be prepared.
 8     (2)  A person who provides users with access to a
 9   computer network, and as part of that service,
10   transmits electronic mail on behalf of those users,
11   unless such person transmits electronic mail on behalf
12   of those users which the person knows, or should have

© 1999 Cornell College and League of Women Voters of Iowa

Comments about this site or page? hjourn@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: Thu Apr 22 13:40:05 CDT 1999
URL: /DOCS/GA/78GA/Session.1/HJournal/01500/01511.html
jhf