FINAL BILL REPORT

SB 5574

C 27 L 03

Synopsis as Enacted

Brief Description: Clarifying district court jurisdiction over actions involving commercial electronic mail.

Sponsors: Senators Finkbeiner, Poulsen and Reardon; by request of Attorney General.

Senate Committee on Technology & Communications

House Committee on Judiciary

Background: The district courts in Washington State have concurrent jurisdiction with superior courts over misdemeanor and gross misdemeanor violations and civil cases under $50,000. They have exclusive jurisdiction over small claims and infractions.

Washington statutes regarding unsolicited, deceptive commercial electronic mail, or spam, are designed to protect state residents against bulk commercial e-mails that contain misleading information in the subject line, use a third party's internet address without permission or disguise the message's origin.

According to the Attorney General's Office, many plaintiffs have used Washington's anti-spam law to take legal action against out-of-state senders of spam in district courts. These plaintiffs have met with varying degrees of success. Some district courts have exercised jurisdiction over out-of-state defendants, and some have not.

Summary: It is clarified that the district courts in Washington State have jurisdiction over actions brought against senders of spam in violation of Washington's anti-spam law. It is also clarified that it is proper for the district courts in Washington to hear actions against non-resident defendants who violate Washington's anti-spam law.

Votes on Final Passage:

Senate       49  0

House       95  0

Effective: July 27, 2003