Citations Affected: IC 24-5; IC 34-30.
Synopsis: Deceptive commercial electronic mail. Provides that a
person may not initiate or assist in the transmission of a commercial
electronic mail message from a computer located in Indiana or to the
electronic mail address of an Indiana resident if the message uses a
third party's Internet domain name without permission of the third
party, otherwise misrepresents or obscures any information in
identifying the point of origin or the transmission path of the electronic
mail, or contains false or misleading information in the subject line.
Authorizes an interactive computer service to block the receipt or
transmission through its service of such electronic mail. Provides a
recipient or an interactive computer services a cause of action to
remedy violations of the statute.
Effective: July 1, 2003.
January 7, 2003, read first time and referred to Committee on Economic Development and
Technology.
February 4, 2003, amended, reported favorably _ Do Pass.
February 17, 2003, read second time, amended, ordered engrossed.
A BILL FOR AN ACT to amend the Indiana Code concerning
consumer sales.
SECTION 1. IC 24-5-22 IS ADDED TO THE INDIANA CODE AS
A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2003]:
Chapter 22. Deceptive Commercial Electronic Mail
Sec. 1. As used in this chapter, "assist the transmission" means
to provide substantial assistance or support that enables a 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 a practice that violates this chapter.
Sec. 2. (a) As used in this chapter, "commercial electronic mail
message" refers to an electronic mail message sent to promote the
sale or lease of real property, goods, or services.
(b) The term does not include 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, if the sender has agreed to such an arrangement.
Sec. 3. As used in this chapter, "electronic mail address" means
a destination, commonly expressed as a string of characters, to
which electronic mail may be sent or delivered.
Sec. 4. (a) As used in this chapter, "initiate the transmission"
refers to the action by the original sender of an electronic mail
message.
(b) The term does not include an action by any intervening
interactive computer service that handles or retransmits the
message.
Sec. 5. (a) As used in this chapter, "interactive computer
service" means an information service, a system, or an access
software provider that provides or enables computer access to a
computer server by multiple users.
(b) The term includes the following:
(1) A service or system that provides access to the Internet.
(2) A system operated or services offered by a library, a
school, a state educational institution (as defined in
IC 20-12-0.5-1), or a private college or university.
Sec. 6. As used in this chapter, "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 rightmost string specifying the top of the hierarchy.
Sec. 7. (a) For purposes of this section, a person knows that the
intended recipient of a commercial electronic mail message is an
Indiana resident if that information is available, upon request,
from the registrant of the Internet domain name contained in the
recipient's electronic mail address.
(b) Subsection (c) applies only to a commercial electronic mail
message that:
(1) uses a third party's Internet domain name without
permission of the third party;
(2) otherwise misrepresents or obscures any information in
identifying the point of origin or the transmission path of the
commercial electronic mail message; or
(3) contains false or misleading information in the subject
line.
(c) A person may not initiate or assist in the transmission of a
commercial electronic mail message described in subsection (b):
(1) from a computer located in Indiana; or
(2) to an electronic mail address that the sender: