Senate File 2125

                                       SENATE FILE       
                                       BY  BOLKCOM and BEALL


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to civil damages recoverable against a person who
  2    sends certain electronic mail transmissions.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 5863SS 80
  5 jm/sh/8

PAG LIN

  1  1    Section 1.  Section 714E.1, subsection 3, paragraph a,
  1  2 subparagraph (2), Code 2003, is amended to read as follows:
  1  3    (2)  Notwithstanding subparagraph (1), a person who
  1  4 transmits or causes to be transmitted electronic mail in
  1  5 violation of subsection 2 is liable to the recipient of the
  1  6 electronic mail for monetary damages in an amount equal to any
  1  7 actual damages, including lost profits, caused by such
  1  8 transmittal.  The recipient, in lieu of actual damages, may
  1  9 elect to recover from the person transmitting or causing to be
  1 10 transmitted such electronic mail the greater of ten dollars
  1 11 for each bulk electronic mail message transmitted to the
  1 12 recipient in violation of this section, or five hundred one
  1 13 thousand dollars.  In addition to the monetary damages, the
  1 14 recipient is also entitled to costs and reasonable attorney
  1 15 fees.
  1 16                           EXPLANATION
  1 17    This bill relates to civil damages recoverable against a
  1 18 person who sends certain electronic mail transmissions,
  1 19 commonly referred to as E=mail.
  1 20    Under the bill, a person who sends bulk electronic mail in
  1 21 violation of Code chapter 714E.1, subsection 2, is liable to
  1 22 the recipient in the amount of $10 for each bulk electronic
  1 23 mail message sent or $1,000, whichever is greater.  Current
  1 24 law provides that a person sending the bulk electronic mail
  1 25 transmission is liable in the amount of $10 for each bulk
  1 26 electronic transmission sent to the recipient or $500,
  1 27 whichever is greater.
  1 28 LSB 5863SS 80
  1 29 jm/sh/8
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