House Journal: Page 1512: Wednesday, April 21, 1999

13   known was transmitted in violation of subsection 2.

14     (3)  Electronic mail which is accessed by the
15   recipient from an electronic bulletin board.
16     (4)  A person who provides users with access at no
17   charge to electronic mail, including receiving and
18   transmitting such electronic mail, and as a condition
19   of providing such access requires such users to
20   receive unsolicited advertisements.
21     b.  An interactive computer service is not liable
22   under this section for an action voluntarily taken in
23   good faith to block or prevent the receipt or
24   transmission through its service of any commercial
25   electronic mail which is reasonably believed to be in
26   violation of subsection 2.
27     Sec. 2. NEW SECTION.  714D.2  CIVIL ENFORCEMENT.
28     1.  A violation of section 714D.1, subsection 2, is
29   a violation of section 714.16, subsection 2, paragraph
30   "a".  All the powers conferred upon the attorney
31   general to accomplish the objectives and carry out the
32   duties prescribed pursuant to section 714.16 are also
33   conferred upon the attorney general to enforce section
34   714D.1, including, but not limited to the power to
35   issue subpoenas, adopt rules which shall have the
36   force of law, and seek injunctive relief and civil
37   penalties.
38     2.  In seeking reimbursement pursuant to section
39   714.16, subsection 7, from a person who has committed
40   a violation of section 714D.1, subsection 2, the
41   attorney general may seek an order from the court that
42   the person pay to the attorney general on behalf of
43   consumers the amounts for which the person would be
44   liable under section 714D.1, subsection 3, for each
45   consumer who has a cause of action pursuant to section
46   714D.1, subsection 3.  Section 714.16, as it relates
47   to consumer reimbursement, shall apply to consumer
48   reimbursement pursuant to this section."
The motion prevailed and the House concurred in the Senate 
amendment H-1720.
Rants of Woodbury moved that the bill, as amended by the Senate 
and concurred in by the House, be read a last time now and placed 
upon its passage which motion prevailed and the bill was read a last 
time.
On the question "Shall the bill pass?" (H.F. 448)

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