AN
ACT Relating to electronic mail; adding a new chapter to Title 19 RCW; creating
a new section; prescribing penalties; and providing an expiration date.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. The
legislature finds that the volume of commercial electronic mail is growing, and
the consumer protection division of the attorney general's office reports an increasing
number of consumer complaints about commercial electronic mail. Interactive
computer service providers indicate that their systems sometimes cannot handle
the volume of commercial electronic mail being sent and that filtering systems
fail to screen out unsolicited commercial electronic mail messages when senders
use a third party's internet domain name without the third party's permission,
or otherwise misrepresent the message's point of origin. The legislature seeks
to provide some immediate relief to interactive computer service providers by
prohibiting the sending of commercial electronic mail messages that use a third
party's internet domain name without the third party's permission, misrepresent
the message's point of origin, or contain untrue or misleading information in
the subject line.
The
legislature also finds that the utilization of electronic mail messages for
commercial purposes merits further study. A select task force should be
created to explore technical, legal, and cost issues surrounding the usage of
electronic mail messages for commercial purposes and to recommend to the
legislature any potential legislation needed for regulating commercial
electronic mail messages.
NEW
SECTION. Sec. 2. The
definitions in this section apply throughout this chapter unless the context
clearly requires otherwise.
(1)
"Commercial electronic mail message" means an electronic mail message
sent for the purpose of promoting real property, goods, or services for sale or
lease.
(2)
"Electronic mail address" means a destination, commonly expressed as
a string of characters, to which electronic mail may be sent or delivered.
(3)
"Initiate the transmission" refers to the action by the original
sender of an electronic mail message, not to the action by any intervening
interactive computer service that may handle or retransmit the message.
(4)
"Interactive computer service" means any information service, system,
or access software provider that provides or enables computer access by
multiple users to a computer server, including specifically a service or system
that provides access to the internet and such systems operated or services
offered by libraries or educational institutions.
(5)
"Internet domain name" refers to a globally unique, hierarchical
reference to an internet host or service, assigned through centralized internet
naming authorities, comprising a series of character strings separated by
periods, with the right-most string specifying the top of the hierarchy.
NEW
SECTION. Sec. 3. (1)
No person, corporation, partnership, or association may initiate the
transmission of a commercial electronic mail message from a computer located in
Washington or to an electronic mail address that the sender knows, or has
reason to know, is held by a Washington resident that:
(a)
Uses a third party's internet domain name without permission of the third
party, or otherwise misrepresents any information in identifying the point of
origin or the transmission path of a commercial electronic mail message; or
(b)
Contains false or misleading information in the subject line.
(2)
For purposes of this section, a person, corporation, partnership, or
association knows that the intended recipient of a commercial electronic mail
message is a Washington resident if that information is available, upon
request, from the registrant of the internet domain name contained in the
recipient's electronic mail address.
NEW
SECTION. Sec. 4. (1)
It is a violation of the consumer protection act, chapter 19.86 RCW, to
initiate the transmission of a commercial electronic mail message that:
(a)
Uses a third party's internet domain name without permission of the third
party, or otherwise misrepresents any information in identifying the point of
origin or the transmission path of a commercial electronic mail message; or
(b)
Contains false or misleading information in the subject line.
(2)
The legislature finds that the practices covered by this chapter are matters
vitally affecting the public interest for the purpose of applying the consumer
protection act, chapter 19.86 RCW. A violation of this chapter is not
reasonable in relation to the development and preservation of business and is
an unfair or deceptive act in trade or commerce and an unfair method of
competition for the purpose of applying the consumer protection act, chapter
19.86 RCW.
NEW
SECTION. Sec. 5. (1)
Damages to the recipient of a commercial electronic mail message sent in
violation of this chapter are five hundred dollars, or actual damages,
whichever is greater.
(2)
Damages to an interactive computer service resulting from a violation of this
chapter are one thousand dollars, or actual damages, whichever is greater.
NEW
SECTION. Sec. 6. (1)
An interactive computer service may, upon its own initiative, block the receipt
or transmission through its service of any commercial electronic mail that it
reasonably believes is, or will be, sent in violation of this chapter.
(2)
No interactive computer service may be held liable for any action voluntarily
taken in good faith to block the receipt or transmission through its service of
any commercial electronic mail which it reasonably believes is, or will be,
sent in violation of this chapter.
NEW
SECTION. Sec. 7.
Sections 1 through 6 of this act constitute a new chapter in Title 19 RCW.
NEW
SECTION. Sec. 8. (1)
The select task force on commercial electronic mail messages is hereby
created. The select task force shall:
(a)
Identify technical, legal, and cost issues in relation to the transmission and
receipt of commercial electronic mail messages over the internet;
(b)
Evaluate whether existing laws are sufficient to resolve any technical, legal,
or financial problems created by the increasing volume of commercial electronic
mail messages;
(c)
Review efforts being made by the federal government and other states to
regulate the transmission of commercial electronic mail messages; and
(d)
Prepare a report identifying policy options and recommendations for any
potential legislation needed to regulate commercial electronic mail
messages. The report shall be delivered to the house of representatives energy
and utilities committee by November 15, 1998.
(2)
The select task force shall be composed of five members, consisting of:
(a)
Two members of the house of representatives, one from each of the two largest
caucuses, each member being a member of the house of representatives energy and
utilities committee, appointed by the speaker of the house of representatives;
(b)
Two members of the senate, one from each of the two largest caucuses, each
member being a member of the senate energy and utilities committee, appointed
by the president; and
(c)
One person appointed by the governor.
(3)
The select task force shall solicit input from interested parties, including
but not limited to, persons representing:
(a)
Attorney general's consumer protection division;
(b)
Internet service providers;
(c)
Direct marketers;
(d)
Manufacturers of electronic mail messaging software;
(e)
Nonprofit organizations interested in free speech and other civil liberty
matters; and
(f)
Internet users.
(4)
Staff support for the select task force shall be provided by the house of
representatives office of program research and senate committee services.
(5)
This section expires December 31, 1998.
