AN
ACT Relating to commercial electronic mail; amending RCW 19.190.010,
19.190.020, and 19.190.030; and repealing RCW 19.190.005.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
19.190.010 and 1998 c 149 s 2 are each amended to read as follows:
The
definitions in this section apply throughout this chapter unless the context
clearly requires otherwise.
(1)
"Assist the transmission" means actions taken by a person to
provide substantial assistance or support which enables any person to
formulate, compose, send, originate, initiate, or transmit a commercial
electronic mail message when the person providing the assistance knows or
consciously avoids knowing that the initiator of the commercial electronic mail
message is engaged, or intends to engage, in any practice that violates the
consumer protection act.
(2)
"Commercial electronic mail message" means an electronic mail message
sent for the purpose of promoting real property, goods, or services for sale or
lease. It does not mean an electronic mail message to which an interactive
computer service provider has attached an advertisement in exchange for free
use of an electronic mail account, when the sender has agreed to such an
arrangement.
(((2)))
(3) "Electronic mail address" means a destination, commonly
expressed as a string of characters, to which electronic mail may be sent or
delivered.
(((3)))
(4) "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, unless such intervening interactive computer service assists in the
transmission of an electronic mail message when it knows, or consciously avoids
knowing, that the person initiating the transmission is engaged, or intends to
engage, in any act or practice that violates the consumer protection act.
(((4)))
(5) "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)))
(6) "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.
(7)
"Person" means a person, corporation, partnership, or association.
Sec.
2. RCW
19.190.020 and 1998 c 149 s 3 are each amended to read as follows:
(1)
No person((, corporation, partnership, or association)) may initiate the
transmission, conspire with another to initiate the transmission, or assist
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 or obscures 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.
Sec.
3. RCW
19.190.030 and 1998 c 149 s 4 are each amended to read as follows:
(1)
It is a violation of the consumer protection act, chapter 19.86 RCW, to
conspire with another person to initiate the transmission or 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 or obscures 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)
It is a violation of the consumer protection act, chapter 19.86 RCW, to
assist in the transmission of a commercial electronic mail message, when the
person providing the assistance knows, or consciously avoids knowing, that the
initiator of the commercial electronic mail message is engaged, or intends to
engage, in any act or practice that violates the consumer protection act.
(3)
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. 4. RCW
19.190.005 (Findings) and 1998 c 149 s 1 are each repealed.
