France Declares War on Spam

France is hoping to shut down spammers more quickly through a system that makes it easier for users to notify ISPs (Internet service providers) when unsolicited e-mails are coming from their network.

The French government funded the development of an open-source toolbar for Microsoft Corp.'s Outlook and Mozilla Corp.'s Thunderbird e-mail programs that people can use to report suspected spam, said John Graham-Cumming, an Englishman who built the software for the project, called Signal Spam.

"From the French perspective, spam is like any other criminal activity that is affecting the French people," Graham-Cumming said.

Most users today simply delete spam email from their inboxes, in part because they don't have a simple tool for reporting spam to their ISP. The SignalSpam project aims to provide them with such a tool.

When users receive spam messages, the toolbar provides an easy way for them to forward the message to a central database. The messages are then sent to the ISP whose network they originated from, and the ISP decides whether to shut down the account of the sender, Graham-Cumming said.

France is ranked as the 10th worst country for generating spam, according to The Spamhaus Project Ltd., which publishes a list that can be used in e-mail servers to block known spamming IP (Internet protocol) addresses. The U.S. is the worst, followed by China, Russia and the U.K.

If a spam message originates outside of France, SignalSpam takes no action. If a message comes from a legitimate marketer, the system can send an automated response to the person who reported it telling them how to unsubscribe to the mailing list, Graham-Cumming said. Marketers are encouraged to register with Signal Spam.

The system's success will depend on people's willingness to install the tool bar. Since the project launched in May, about 3.5 million spam e-mails have been collected in the database, which can be used to generate statistics on spam trends.

By the end of the year, Signal Spam plans to release a toolbar for Outlook Express, another Microsoft e-mail client, Graham-Cumming said. Signal Spam is also in talks with Web-based e-mail providers, such as Microsoft and Google Inc., on developing a reporting mechanism.

Some ISPs have been accused of profiting by allowing spammers to use their network, while other ISPs don't take action against spammers due to the expense of shutting them down. However, Signal Spam has received broad support from French ISPs, according to Graham-Cumming.

In the next couple months he expects the database to start to reveal spam trends that could shed greater light on how to stop the problem.

Eventually, Signal Spam may also turn its attention to closing phishing sites more quickly. Spam e-mails often try to entice people to a fraudulent Web site in order to trick them into divulging their personal information.

Nigerian 419 Advance Fee Fraud

The majority of Internet users from around the world have received at least one or more e-mail in which some unknown person claims that he/she is in possession of millions of US dollars, and is soliciting the assistance from some person elsewhere to assist in the transfer of these millions of dollars to another bank account. In return, generally the reader of the e-mail is offered 10% of the funds in return for his/her assistance.

Unfortunately, many people from around the world fall victim to these scam letters. In fact, these scam letters are the cause of this scam being the world’s second largest crime responsible for losses exceeding billions of dollars from around the world.

The Nigerian 419 scam is in fact an Advance Fee Fraud scam. In these types of scams the victims are generally required to pay upfront fees for a product or service, which will never be delivered.

This scam was called the Nigerian 419 scam, after the Nigerian penal code prohibiting advance fee fraud. It is believed that the first Nigerian 419 scam originated in the early 1980’s, where some of the first reports originated from the United States. Investigations at the time concluded that the letters received originated from Nigeria.

Connecticut statutes

GENERAL STATUTES OF CONNECTICUT

Title 52. Civil Actions

Chapter 896. Civil Process, Service and Time for Return

(as amended in 2004)

§ 52-59b. Jurisdiction of courts over nonresident individuals, foreign partnerships and foreign voluntary associations. Service of process.

(a) As to a cause of action arising from any of the acts enumerated in this section, a court may exercise personal jurisdiction over any nonresident individual, foreign partnership or foreign voluntary association, or over the executor or administrator of such nonresident individual, foreign partnership or foreign voluntary association, who in person or through an agent: (1) Transacts any business within the state; (2) commits a tortious act within the state, except as to a cause of action for defamation of character arising from the act; (3) commits a tortious act outside the state causing injury to person or property within the state, except as to a cause of action for defamation of character arising from the act, if such person or agent (A) regularly does or solicits business, or engages in any other persistent course of conduct, or derives substantial revenue from goods used or consumed or services rendered, in the state, or (B) expects or should reasonably expect the act to have consequences in the state and derives substantial revenue from interstate or international commerce; (4) owns, uses or possesses any real property situated within the state; or (5) uses a computer, as defined in subdivision (1) of subsection (a) of section 53-451, or a computer network, as defined in subdivision (3) of subsection (a) of said section, located within the state.

(b) Where personal jurisdiction is based solely upon this section, an appearance does not confer personal jurisdiction with respect to causes of action not arising from an act enumerated in this section.

(c) Any nonresident individual, foreign partnership or foreign voluntary association, or the executor or administrator of such nonresident individual, foreign partnership or foreign voluntary association, over whom a court may exercise personal jurisdiction, as provided in subsection (a) of this section, shall be deemed to have appointed the Secretary of the State as its attorney and to have agreed that any process in any civil action brought against the nonresident individual, foreign partnership or foreign voluntary association, or the executor or administrator of such nonresident individual, foreign partnership or foreign voluntary association, may be served upon the Secretary of the State and shall have the same validity as if served upon the nonresident individual, foreign partnership or foreign voluntary association personally. The process shall be served by the officer to whom the same is directed upon the Secretary of the State by leaving with or at the office of the Secretary of the State, at least twelve days before the return day of such process, a true and attested copy thereof, and by sending to the defendant at the defendant's last-known address, by registered or certified mail, postage prepaid, return receipt requested, a like true and attested copy with an endorsement thereon of the service upon the Secretary of the State. The officer serving such process upon the Secretary of the State shall leave with the Secretary of the State, at the time of service, a fee of twenty-five dollars, which fee shall be taxed in favor of the plaintiff in the plaintiff's costs if the plaintiff prevails in any such action. The Secretary of the State shall keep a record of each such process and the day and hour of service.

Colorado statutes

STATE OF COLORADO

SIXTY-SECOND GENERAL ASSEMBLY

House Bill 1309

Sent to Governor May 11, 2000;

became law without signature June 3, 2000

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1. Title 6, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW ARTICLE to read:

ARTICLE 2.5

Colorado Junk Email Law

6-2.5-101. Short title. This article shall be known and may be cited as the "Colorado Junk Email Law".

6-2.5-102. Definitions. As used in this article, unless the context otherwise requires:

(1) "Current or prior business relationship" means:

(a) The recipient has indicated a willingness to receive commercial electronic mail messages from that sender; or

(b) The recipient has purchased or leased real property, goods, or services from the sender of the unsolicited commercial electronic mail message, the message from the sender directly concerns the purchase or lease, and the message is sent within the warranty period or within thirteen months after the date of purchase or lease, whichever period is a greater length of time; or

(c) The recipient has an ongoing contract with the sender of the unsolicited commercial electronic mail message, and the message from the sender directly concerns the ongoing contract.

(2) "Electronic mail" means an electronic message or computer file containing an image of a message that is transmitted between two or more computers or electronic terminals. "electronic mail" includes electronic messages that are transmitted within or between computer networks.

(3) "Electronic mail service provider" means any person that is an intermediary in sending or receiving electronic mail or provides to end users of electronic mail services the ability to send or receive electronic mail.

(4) "Person" shall have the same meaning as set forth in section 2-4-401(8), C.R.S.

(5) "Unsolicited commercial electronic mail message" means an electronic mail message sent without the recipient's expressed permission for the purpose of promoting real property, goods, or services for sale or lease;

6-2.5-103. Restrictions on certain commercial electronic mail - violations of article. (1) It shall be a violation of this article for any person that sends an unsolicited commercial electronic mail message to fail to disclose the actual point-of-origin electronic mail address of the unsolicited commercial electronic mail message.

(2) It shall be a violation of this article for any person that sends an unsolicited commercial electronic mail message to falsify electronic mail transmission information or other routing information for the unsolicited commercial electronic mail message.

(3) It shall be a violation of this article for any person that sends an unsolicited commercial electronic mail message to use a third party's internet address or domain name without the third party's consent for the purposes of transmitting electronic mail.

(4) It shall be a violation of this article for any person that sends an unsolicited commercial electronic mail message to fail to use the exact characters "ADV:" (the capital letters "A", "D", and "V", in that order, followed immediately by a colon) as the first four characters in the subject line of an unsolicited commercial electronic mail message unless the sender:

(a) Is an organization using electronic mail to communicate exclusively with its members; or

(b) Is an organization using electronic mail to communicate exclusively with its employees or contractors, or both; or

(c) Has a current or prior business relationship with the recipient, as defined in section 6-2.5-102(1).

(5) It shall be a violation of this article for any person that sends an unsolicited commercial electronic mail message to fail to provide a mechanism allowing recipients to easily and at no cost remove themselves from the sender's electronic mail address lists so that they are not included in future mailings.

It shall also be a violation of this article to send unsolicited commercial electronic mail messages to any person that has requested under this subsection (5) to be removed from the sender's electronic mail lists or to provide the electronic mail address of any such person to any third party, whether or not such third party is part of the sender's business organization.

However, electronic mail addresses may be provided to any such person or to any third party for the sole purpose of inclusion in do-not-email lists.

6-2.5-104. Enforcement - civil right of action for damages - civil penalty. (1) In the case of any violation of this article, the following entities may each separately file a civil action in a court of competent jurisdiction and may each, upon proof of such violation, recover such sums as are allowed under this section:

(a) The person receiving an unsolicited commercial electronic mail message;

(b) Any electronic mail service provider whose network or facilities were used in the transmission or attempted transmission of an unsolicited commercial electronic mail message.

(2) (a) In any such action, the prevailing party other than the originator of the unsolicited commercial electronic mail message shall be entitled to actual damages. Upon a showing that the sender of an unsolicited commercial electronic mail message violated any provision of this article, whether or not the violation resulted in a financial loss or injury, the prevailing party other than the originator of the unsolicited commercial electronic mail message may recover attorney fees and costs.

(b) In any such action, the prevailing party other than the originator of the unsolicited commercial electronic mail message is also entitled to recover as part of the judgment a civil penalty in the amount of ten dollars for each unsolicited commercial electronic mail message transmitted in violation of this article.

(3) The remedies, duties, prohibitions, and penalties of this section are not exclusive and are in addition to all other causes of action, remedies, and penalties provided by law.

(4) At the request of any party to an action brought pursuant to this section, the court may, in its discretion, conduct all legal proceedings in such a way as to protect the secrecy and security of any computer, computer network, computer data, or computer software involved in order to prevent possible recurrence of the same or similar conduct by another person and to protect the trade secrets of any party.

(5) Electronic mail service providers that adopt and implement terms, conditions, or technical measures with the intent to prevent or prohibit the origination or transmission of unsolicited commercial electronic mail messages in violation of this article shall be immune from civil liability for any such actions, and no provision of this article shall be construed to create any liability for such actions.

(6) No electronic mail service provider shall be liable for the mere transmission of unsolicited commercial electronic mail messages over the provider's computer network or facilities.

(7) The provisions of this article shall not be construed to require any electronic mail service provider to carry or deliver any electronic mail merely because a sender complies with the provisions of this article.

6-2.5-105. Scope of article. This article shall apply when an unsolicited commercial electronic mail message is sent to a Colorado resident via an electronic mail service provider's service or leased or owned equipment located in this state.

SECTION 2. 13-6-105(1)(f), Colorado Revised Statutes, is amended to read:

13-6-105. Specific limits on civil jurisdiction. (1) The county court shall have no civil jurisdiction except that specifically conferred upon it by law. In particular, it shall have no jurisdiction over the following matters:

(f) Original proceedings for the issuance of injunctions, except as provided in section 13-6-104 (5), except as required to enforce restrictive covenants on residential property and to enforce the provisions of article 2.5 of title 6, C.R.S., and except as otherwise specifically authorized in this article or, if there is no authorization, by rule of the Colorado supreme court.

SECTION 3. 13-6-403 (2) (h), Colorado Revised Statutes, is amended to read:

13-6-403. Jurisdiction of small claims court - limitations.

(2) The small claims court shall have no jurisdiction except that specifically conferred upon it by law. In particular, it shall have no jurisdiction over the following matters:

(h) Actions involving injunctive relief, except as required to enforce restrictive covenants on residential property and to enforce the provisions of article 2.5 of title 6, C.R.S.;

SECTION 4. Effective date - applicability. (1) This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1(3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.

(2) The provisions of this act shall apply to acts occurring on or after the applicable effective date of this act.

California statutes

CALIFORNIA BUSINESS AND PROFESSIONS CODE

DIVISION 7, PART 3, CHAPTER 1

ARTICLE 1.8. Restrictions On Unsolicited Commercial E-mail Advertisers

(added by Stats. 2003 ch. 487 (S.B. 186), approved September 23, 2003;

amended by Stats. 2004 ch. 183 (A.B. 3082), approved July 19, 2004;

and Stats. 2004 ch. 571 (S.B. 1457), approved Sept. 17, 2004)

§ 17529. The Legislature hereby finds and declares all of the following:

(a) Roughly 40 percent of all e-mail traffic in the United States is comprised of unsolicited commercial e-mail advertisements (hereafter spam) and industry experts predict that by the end of 2003 half of all e-mail traffic will be comprised of spam.

(b) The increase in spam is not only an annoyance but is also an increasing drain on corporate budgets and possibly a threat to the continued usefulness of the most successful tool of the computer age.

(c) Complaints from irate business and home-computer users regarding spam have skyrocketed, and polls have reported that 74 percent of respondents favor making mass spamming illegal and only 12 percent are opposed, and that 80 percent of respondents consider spam very annoying.

(d) According to Ferris Research Inc., a San Francisco consulting group, spam will cost United States organizations more than ten billion dollars ($10,000,000,000) this year, including lost productivity and the additional equipment, software, and manpower needed to combat the problem. California is 12 percent of the United States population with an emphasis on technology business, and it is therefore estimated that spam costs California organizations well over 1.2 billion dollars ($1,200,000,000).

(e) Like junk faxes, spam imposes a cost on users, using up valuable storage space in e-mail inboxes, as well as costly computer band width, and on networks and the computer servers that power them, and discourages people from using e-mail.

(f) Spam filters have not proven effective.

(g) Like traditional paper "junk" mail, spam can be annoying and waste time, but it also causes many additional problems because it is easy and inexpensive to create, but difficult and costly to eliminate.

(h) The "cost shifting" from deceptive spammers to Internet business and e-mail users has been likened to sending junk mail with postage due or making telemarketing calls to someone's pay-per-minute cellular phone.

(i) Many spammers have become so adept at masking their tracks that they are rarely found, and are so technologically sophisticated that they can adjust their systems to counter special filters and other barriers against spam and can even electronically commandeer unprotected computers, turning them into spam-launching weapons of mass production.

(j) There is a need to regulate the advertisers who use spam, as well as the actual spammers, because the actual spammers can be difficult to track down due to some return addresses that show up on the display as "unknown" and many others being obvious fakes and they are often located offshore.

(k) The true beneficiaries of spam are the advertisers who benefit from the marketing derived from the advertisements.

(l) In addition, spam is responsible for virus proliferation that can cause tremendous damage both to individual computers and to business systems.

(m) Because of the above problems, it is necessary that spam be prohibited and that commercial advertising e-mails be regulated as set forth in this article.

§ 17529.1. For the purpose of this article, the following definitions apply:

(a) "Advertiser" means a person or entity that advertises through the use of commercial e-mail advertisements.

(b) "California electronic mail address" or "California e-mail address" means any of the following:

(1) An e-mail address furnished by an electronic mail service provider that sends bills for furnishing and maintaining that e-mail address to a mailing address in this state.

(2) An e-mail address ordinarily accessed from a computer located in this state.

(3) An e-mail address furnished to a resident of this state.

(c) "Commercial e-mail advertisement" means any electronic mail message initiated for the purpose of advertising or promoting the lease, sale, rental, gift offer, or other disposition of any property, goods, services, or extension of credit.

(d) "Direct consent" means that the recipient has expressly consented to receive e-mail advertisements from the advertiser, either in response to a clear and conspicuous request for the consent or at the recipient's own initiative.

(e) "Domain name" means any alphanumeric designation that is registered with or assigned by any domain name registrar as part of an electronic address on the Internet.

(f) "Electronic mail" or "e-mail" means an electronic message that is sent to an e-mail address and transmitted between two or more telecommunications devices, computers, or electronic devices capable of receiving electronic messages, whether or not the message is converted to hard copy format after receipt, viewed upon transmission, or stored for later retrieval. "Electronic mail" or "e-mail" includes electronic messages that are transmitted through a local, regional, or global computer network.

(g) "Electronic mail address" or "e-mail address" means a destination, commonly expressed as a string of characters, to which electronic mail can be sent or delivered. An "electronic mail address" or "e-mail address" consists of a user name or mailbox and a reference to an Internet domain.

(h) "Electronic mail service provider" means any person, including an Internet service provider, that is an intermediary in sending or receiving electronic mail or that provides to end users of the electronic mail service the ability to send or receive electronic mail.

(i) "Initiate" means to transmit or cause to be transmitted a commercial e-mail advertisement or assist in the transmission of a commercial e-mail advertisement by providing electronic mail addresses where the advertisement may be sent, but does not include the routine transmission of the advertisement through the network or system of a telecommunications utility or an electronic mail service provider through its network or system.

(j) "Incident" means a single transmission or delivery to a single recipient or to multiple recipients of an unsolicited commercial e-mail advertisement containing substantially similar content.

(k) "Internet" has the meaning set forth in paragraph (6) of subdivision (e) of Section 17538.

(l) "Preexisting or current business relationship," as used in connection with the sending of a commercial e-mail advertisement, means that the recipient has made an inquiry and has provided his or her e-mail address, or has made an application, purchase, or transaction, with or without consideration, regarding products or services offered by the advertiser.

Commercial e-mail advertisements sent pursuant to the exemption provided for a preexisting or current business relationship shall provide the recipient of the commercial e-mail advertisement with the ability to "opt-out" from receiving further commercial e-mail advertisements by calling a toll-free telephone number or by sending an "unsubscribe" e-mail to the advertiser offering the products or services in the commercial e-mail advertisement. This opt-out provision does not apply to recipients who are receiving free e-mail service with regard to commercial e-mail advertisements sent by the provider of the e-mail service.

(m) "Recipient" means the addressee of an unsolicited commercial e-mail advertisement. If an addressee of an unsolicited commercial e-mail advertisement has one or more e-mail addresses to which an unsolicited commercial e-mail advertisement is sent, the addressee shall be deemed to be a separate recipient for each e-mail address to which the e-mail advertisement is sent.

(n) "Routine transmission" means the transmission, routing, relaying, handling, or storing of an electronic mail message through an automatic technical process. "Routine transmission" shall not include the sending, or the knowing participation in the sending, of unsolicited commercial e-mail advertisements.

(o) "Unsolicited commercial e-mail advertisement" means a commercial e-mail advertisement sent to a recipient who meets both of the following criteria:

(1) The recipient has not provided direct consent to receive advertisements from the advertiser.

(2) The recipient does not have a preexisting or current business relationship, as defined in subdivision (l), with the advertiser promoting the lease, sale, rental, gift offer, or other disposition of any property, goods, services, or extension of credit.

§ 17529.2. Notwithstanding any other provision of law, a person or entity may not do any of the following:

(a) Initiate or advertise in an unsolicited commercial e-mail advertisement from California or advertise in an unsolicited commercial e-mail advertisement sent from California.

(b) Initiate or advertise in an unsolicited commercial e-mail advertisement to a California electronic mail address, or advertise in an unsolicited commercial e-mail advertisement sent to a California electronic mail address.

(c) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect any other provision or application that can be given effect without the invalid provision or application.

§ 17529.3. Nothing in this article shall be construed to limit or restrict the adoption, implementation, or enforcement by a provider of Internet access service of a policy of declining to transmit, receive, route, relay, handle, or store certain types of electronic mail messages.

§ 17529.4. (a) It is unlawful for any person or entity to collect electronic mail addresses posted on the Internet if the purpose of the collection is for the electronic mail addresses to be used to do either of the following:

(1) Initiate or advertise in an unsolicited commercial e-mail advertisement from California, or advertise in an unsolicited commercial e-mail advertisement sent from California.

(2) Initiate or advertise in an unsolicited commercial e-mail advertisement to a California electronic mail address, or advertise in an unsolicited commercial e-mail advertisement sent to California electronic mail address.

(b) It is unlawful for any person or entity to use an electronic mail address obtained by using automated means based on a combination of names, letters, or numbers to do either of the following:

(1) Initiate or advertise in an unsolicited commercial e-mail advertisement from California, or advertise in an unsolicited commercial e-mail advertisement sent from California.

(2) Initiate or advertise in an unsolicited commercial e-mail advertisement to a California electronic mail address, or advertise in an unsolicited commercial e-mail advertisement sent to a California electronic mail address.

(c) It is unlawful for any person to use scripts or other automated means to register for multiple electronic mail accounts from which to do, or to enable another person to do, either of the following:

(1) Initiate or advertise in an unsolicited commercial e-mail advertisement from California, or advertise in an unsolicited commercial e-mail advertisement sent from California.

(2) Initiate or advertise in an unsolicited commercial e-mail advertisement to a California electronic mail address, or advertise in an unsolicited commercial e-mail advertisement sent to a California electronic mail address.

§ 17529.5. (a) It is unlawful for any person or entity to advertise in a commercial e-mail advertisement either sent from California or sent to a California electronic mail address under any of the following circumstances:

(1) The e-mail advertisement contains or is accompanied by a third-party's domain name without the permission of the third party.

(2) The e-mail advertisement contains or is accompanied by falsified, misrepresented, or forged header information. This paragraph does not apply to truthful information used by a third party who has been lawfully authorized by the advertiser to use that information.

(3) The e-mail advertisement has a subject line that a person knows would be likely to mislead a recipient, acting reasonably under the circumstances, about a material fact regarding the contents or subject matter of the message.

(b) (1) (A) In addition to any other remedies provided by any other provision of law, the following may bring an action against a person or entity that violates any provision of this section:

(i) The Attorney General.

(ii) An electronic mail service provider.

(iii) A recipient of an unsolicited commercial e-mail advertisement, as defined in Section 17529.1.

(B) A person or entity bringing an action pursuant to subparagraph (A) may recover either or both of the following:

(i) Actual damages.

(ii) Liquidated damages of one thousand dollars ($1,000) for each unsolicited commercial e-mail advertisement transmitted in violation of this section, up to one million dollars ($1,000,000) per incident.

(C) The recipient, an electronic mail service provider, or the Attorney General, if the prevailing plaintiff, may also recover reasonable attorney's fees and costs.

(D) However, there shall not be a cause of action under this section against an electronic mail service provider that is only involved in the routine transmission of the e-mail advertisement over its computer network.

(2) If the court finds that the defendant established and implemented, with due care, practices and procedures reasonably designed to effectively prevent unsolicited commercial e-mail advertisements that are in violation of this section, the court shall reduce the liquidated damages recoverable under paragraph (1) to a maximum of one hundred dollars ($100) for each unsolicited commercial e-mail advertisement, or a maximum of one hundred thousand dollars ($100,000) per incident.

(3) (A) A person who has brought an action against a party under this section shall not bring an action against that party under Section 17529.8 or 17538.45 for the same commercial e-mail advertisement, as defined in subdivision (c) of Section 17529.1.

(B) A person who has brought an action against a party under Section 17529.8 or 17538.45 shall not bring an action against that party under this section for the same commercial e-mail advertisement, as defined in subdivision (c) of Section 17529.1.

§ 17529.8. (a) (1) In addition to any other remedies provided by this article or by any other provisions of law, a recipient of an unsolicited commercial e-mail advertisement transmitted in violation of this article, an electronic mail service provider, or the Attorney General may bring an action against an entity that violates any provision of this article to recover either or both of the following:

(A) Actual damages.

(B) Liquidated damages of one thousand dollars ($1,000) for each unsolicited commercial e-mail advertisement transmitted in violation of Section 17529.2, up to one million dollars ($1,000,000) per incident.

(2) The recipient, an electronic mail service provider, or the Attorney General, if the prevailing plaintiff, may also recover reasonable attorney's fees and costs.

(3) However, there shall not be a cause of action against an electronic mail service provider that is only involved in the routine transmission of the unsolicited commercial e-mail advertisement over its computer network.

(b) If the court finds that the defendant established and implemented, with due care, practices and procedures reasonably designed to effectively prevent unsolicited commercial e-mail advertisements that are in violation of this article, the court shall reduce the liquidated damages recoverable under subdivision (a) to a maximum of one hundred dollars ($100) for each unsolicited commercial e-mail advertisement, or a maximum of one hundred thousand dollars ($100,000) per incident.

§ 17529.9. The provisions of this article are severable. If any provision of this article or its application is held invalid, that invalidity shall not affect any other provision or application that can be given effect without the invalid provision or application.

Arkansas statutes

ARKANSAS CODE

TITLE 4. BUSINESS AND COMMERCIAL LAW

SUBTITLE 7. CONSUMER PROTECTION

CHAPTER 88. DECEPTIVE TRADE PRACTICES

SUBCHAPTER 6. UNSOLICITED COMMERCIAL AND

SEXUALLY EXPLICIT ELECTRONIC MAIL PREVENTION ACT

(Added by Act 1019 of 2003, approved April 2, 2003)

4-88-601. Title.

This subchapter may be referred to and cited as the "Unsolicited Commercial and Sexually Explicit Electronic Mail Prevention Act".

4-88-602. Definitions.

As used in this subchapter:

(1) "Commercial" means for the purpose of promoting the sale, lease, or exchange of goods, services, or real property;

(2) "Computer network" means a set of related remotely connected devices and communication facilities, including two (2) or more computers with capability to transmit data through communication facilities;

(3) "Electronic mail" means an electronic message, file, data, or other information that is transmitted:

(A) Between two (2) or more computers, computer networks, or electronic terminals; or

(B) Within or between computer networks;

(4) "Electronic mail address" means a destination, commonly expressed as a string of characters, to which electronic mail may be sent or delivered;

(5) "Electronic mail service provider" means a person who:

(A) Is an intermediary in the transmission of electronic mail from the sender to the recipient; or

(B) Provides to end users of electronic mail service the ability to send and receive electronic mail;

(6) "Harmful to minors" shall have the same meaning as set forth in Arkansas Code § 5-68-501;

(7) "Interactive computer service" means an 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 also the systems operated or services offered by libraries or educational institutions;

(8) "Internet domain name" means a globally unique, hierarchical reference to an Internet host or service, assigned through centralized Internet authorities, comprising a series of character strings separated by periods, with the right-most string specifying the top of the hierarchy;

(9) “Person” shall mean any individual, corporation, partnership, association, limited liability company, any other form or business association or any combination of them;

(10) “Pre-existing business relationship” means that there was a business transaction or communication between the initiator and the recipient of a commercial electronic mail message during the five-year period preceding the receipt of that message. A pre-existing business relationship does not exist after a recipient requests to be removed from the distribution list of a sender. If a sender operates through separate lines of business or divisions and holds itself out to the recipient as that particular line of business or division, rather than as the entity of which the line of business or division is a part, then the line of business or the division shall be treated as the sender for purposes of this section.

(11) "Sexually explicit electronic mail" means a commercial electronic mail that contains material that is harmful to minors or promotes an electronic link to material that is harmful to minors;

(12) "Unsolicited" means without the recipient's express permission, except commercial electronic mail is not unsolicited if the sender has a preexisting business or personal relationship with the recipient.

4-88-603. Unsolicited commercial or sexually explicit electronic mail — Requirements.

(a) Each person who sends or causes to be sent an unsolicited commercial electronic mail or an unsolicited sexually explicit electronic mail through the intermediary of an electronic mail service provider or to an electronic mail address held by a resident of the state shall:

(1) Conspicuously state in the electronic mail the sender's:

(A) Legal name;

(B) Correct street address; and

(C) Valid Internet domain name;

(2) For a sexually explicit electronic mail, include in the electronic mail a subject line that contains “ADV:ADULT” as the first nine characters;

(3) Provide the recipient a convenient, no-cost mechanism to notify the sender not to send any future electronic mail to the recipient, including:

(A) Return electronic mail to a valid, functioning return electronic address; and

(B) For a sexually explicit electronic mail and if the sender has a toll-free telephone number, the sender's toll-free telephone number; and

(4) Conspicuously provide in the text of the electronic mail a notice that:

(A) Informs the recipient that the recipient may conveniently and at no cost be excluded from future commercial or sexually explicit electronic mail, as the case may be, from the sender; and

(B) For a sexually explicit electronic mail and if the sender has a toll-free telephone number, includes the sender's valid, toll-free telephone number that the recipient may call to be excluded from future electronic mail from the sender.

(b) A commercial electronic mail is not unsolicited if the sender has a preexisting business or personal relationship with the recipient. The sender of a commercial electronic mail of this nature must still include in the electronic mail message the required disclosures set forth in subdivisions (a)(3) and (a)(4) of this subsection and shall remove the recipient from future mailings if requested.

(c) A person who sends or causes to be sent an unsolicited commercial electronic mail or an unsolicited sexually explicit electronic mail through the intermediary of an electronic mail service provider located in the state or to an electronic mail address held by a resident of the state may not:

(1) Use a third party's Internet domain name in identifying the point of origin or in stating the transmission path of the electronic mail without the third party's consent;

(2) Misrepresent any information in identifying the point of origin or the transmission path of the electronic mail; or

(3) Fail to include in the electronic mail the information necessary to identify the point of origin of the electronic mail.

(d) If the recipient of an unsolicited commercial electronic mail or an unsolicited sexually explicit electronic mail notifies the sender that the recipient does not want to receive future commercial electronic mail or future sexually explicit electronic mail from the sender, the sender may not send that recipient a commercial electronic mail or a sexually explicit electronic mail either directly or through a subsidiary or affiliate. If a recipient has requested to be removed from future mailings, the sender may re-contact the recipient if a pre-existing business relationship has been reestablished or if the recipient has expressly requested to receive future mailings from the sender.

4-88-604. Interactive computer service/electronic mail service provider authority.

(a) An interactive computer service or electronic mail service provider may block the receipt or transmission through its service of any bulk electronic mail that it reasonably believes is, or will be, sent in violation of this article.

(b) An interactive computer service or electronic mail service provider does not violate this section and the injured party shall not have a cause of action against an interactive computer service or mail service provider due to the fact that the interactive computer service or electronic mail service provider:

(1) Is an intermediary between the sender and recipient in the transmission of an e-mail that violates this section; or

(2) Provides transmission of unsolicited commercial electronic mail messages over the provider's computer network or facilities, or shall be liable for any action it voluntarily takes in good faith to block the receipt or transmission through its service of any electronic mail advertisements that it believes is, or will be, sent in violation of this section.

(c) An interactive computer service may disconnect or terminate the service of any person that is in violation of this subchapter.

4-88-605. Criminal penalty.

(a) A person who violates any requirement of § 4-88-603 with respect to an unsolicited sexually explicit electronic mail is guilty of a class B misdemeanor.

(b) A person who is found guilty of, or pleads guilty or nolo contendere, to violations of § 4-88-603 is not relieved from civil liability in an action under § 4-88-605.

4-88-606. Civil action for violation -- Election on damages -- Costs and attorney fees -- Defense.

(a) For any violation of a provision of this subchapter, an action may be brought by:

(1) A person who received the unsolicited commercial electronic mail or unsolicited sexually explicit electronic mail which violates this subchapter; or

(2) An electronic mail service provider through whose facilities the unsolicited commercial electronic mail or unsolicited sexually explicit electronic mail was transmitted.

(b) In each action under subsection (a)(1), a recipient or electronic mail service provider may:

(1) Elect, in lieu of actual damages, to recover the lesser of:

(A) Ten dollars ($10.00) per unsolicited commercial electronic mail or unsolicited sexually explicit electronic mail sent to a previously opted out electronic mail address or transmitted through the electronic mail service provider or otherwise sent in violation of this subchapter; or

(B) Twenty-five thousand dollars ($25,000) per day the violation occurs.

(2) Each prevailing recipient or electronic mail service provider shall be awarded costs and reasonable attorneys fees.

(c) It is an affirmative defense to a violation of this section if a person can demonstrate that the sender at the time of the alleged violation had:

(1) Maintained a list of consumers who have notified the person not to send any subsequent commercial electronic messages;

(2) Established and implemented with due care, reasonable practices and procedures to effectively prevent unsolicited commercial electronic mail messages in violation of this section;

(3) Trained the sender's personnel in the requirements of this section; and

(4) Maintained records demonstrating compliance with this section.

4-88-607. Enforcement of subchapter.

(a) (1) Any transmission of unsolicited commercial or sexually explicit electronic mail in violation of this subchapter shall constitute an unfair and deceptive act or practice under § 4-88-107.

(2) All remedies, penalties, and authority granted to the Attorney General under the Arkansas Code § 4-88-101 through § 4-88-113 or this subchapter shall be available to the Attorney General for the enforcement of this subchapter.

(b) The prosecuting attorneys of the various districts and counties of this state shall also have full authority to enforce the provisions of this subchapter.

(c) Nothing in the provisions of this subchapter shall prohibit the bringing of a civil action against a violator of this chapter by an individual harmed by a deceptive trade practice.

Arizona statutes

ARIZONA REVISED STATUTES
TITLE 44. TRADE AND COMMERCE
CHAPTER 9. TRADE PRACTICES GENERALLY
ARTICLE 16. COMMERCIAL ELECTRONIC MAIL
Added by 2003 S.B. 1280 (approved May 16, 2003)

44-1372. Definitions

In this article, unless the context otherwise requires:

1. "Commercial electronic mail" means electronic mail sent for the purpose of encouraging the purchase or rental of, or investment in, property, goods or services.

2. "Electronic mail" means an electronic message, executable program or computer file containing an image of a message that is transmitted between two or more computers or electronic terminals and includes electronic messages that are transmitted within or between computer networks.

3. "Electronic mail service provider" means any person who is an intermediary in sending or receiving electronic mail and who provides to end users of electronic mail services the ability to send or receive electronic mail.

4. "Established business relationship" means a prior or existing relationship formed by a voluntary communication between a person or entity and the recipient, with or without an exchange of consideration, on the basis of an inquiry, application, purchase or use by the recipient regarding products or services offered by the person or entity.

5. "Sender" means a person who initiates an unsolicited commercial electronic mail.

6. "Unsolicited commercial electronic mail" means a commercial electronic mail message sent, without the consent of the recipient, by a person with whom the recipient does not have an established business relationship.

44-1372.01. Regulations; powers of attorney general; cumulative remedies

A. A person shall not knowingly transmit commercial electronic mail if any of the following apply:

1. The person falsifies electronic mail transmission information or other routing information for unsolicited commercial electronic mail.

2. The mail contains false or misleading information in the subject line.

3. The person uses a third party's Internet address or domain name without the third party's consent for the purpose of transmitting electronic mail in a way that makes it appear that the third party was the sender of the mail.

B. If a person sends unsolicited commercial electronic mail or maintains a database for the purpose of sending unsolicited commercial electronic mail, the person shall do the following:

1. Use the exact characters "ADV:" as the first four characters in the subject line of the unsolicited commercial electronic mail.

2. Provide a procedure that allows recipients, at no cost to the recipients, to easily do both of the following:

(a) remove themselves from the sender's electronic mail address lists so the recipients are not included in future electronic mailings from the sender. The sender shall have three business days to remove the recipient's electronic mail address from the sender's electronic mail address lists so the recipients are not included in future electronic mailings from the sender.

(b) restrict the future sale or transfer of the recipient's electronic mail address information to another person or organization for the purpose of sending commercial electronic mail.

C. Failure to comply with this article is an unlawful practice pursuant to section 44-1522. The attorney general may investigate and take appropriate action as prescribed by chapter 10, article 7 of this title.

D. This article is in addition to all other causes of action, remedies and penalties available to this state.

E. The prohibitions in this section shall apply to any person doing business in this state and to any person who transmits a commercial electronic mail message by any of the following:

1. From a computer located in this state.

2. To an electronic mail address that the sender knows, or has reason to know, is held by a resident of this state.

3. To an interactive computer service with equipment or its principal place of business in this state.

44-1372.02. Damages

A. A person whose property or person is injured because of a violation of this article may recover for any damages sustained, including loss of profits, and the costs incurred from the suit.

B. If an injury results from the intentional transmission of unsolicited commercial electronic mail, the injured person may recover attorney fees and costs and may choose, instead of receiving actual damages, to recover ten dollars for each unsolicited commercial electronic mail message transmitted in violation of this article or twenty-five thousand dollars, whichever is less. This subsection does not apply to an electronic mail service provider.

C. Nothing in this article creates a cause of action or a right to bring an action against the electronic mail service provider for transmitting unsolicited commercial electronic mail over the computer network.

D. If an injury results from the intentional transmission of unsolicited commercial electronic mail, an injured electronic mail service provider may recover attorney fees and costs and may choose, instead of receiving actual damages, to recover ten dollars for each unsolicited commercial electronic mail message transmitted in violation of this article or twenty-five thousand dollars, whichever is greater.

44-1372.03. Court proceedings; secrecy

At the request of any party to an action brought pursuant to this section, the court may conduct all legal proceedings in a manner to protect the secrecy and security of the computer, computer network, computer data, computer program and computer software involved in order to prevent possible recurrence of the same or similar act by another person and to protect any trade secrets of any party.

44-1372.04. Applicability

A. This article does not apply to electronic mail messages if any of the following applies:

1. The sender is an organization using electronic mail to communicate exclusively with either of the following:

(a) members of the organization.

(b) employees or contractors of the organization, or both.

2. The sender has the consent of the recipient.

3. The sender has an established business relationship with the recipient.

4. The commercial electronic mail message is the result of an error.

5. An interactive computer service provider has attached an advertisement to the message in exchange for use of an electronic mail account or if the sender has agreed to the arrangement.

B. This article does not apply to an electronic mail service provider if either of the following apply:

1. The electronic mail service provider is an intermediary between the sender and the recipient in the transmission of electronic mail.

2. The electronic mail service provider transmits unsolicited commercial electronic mail over the provider's computer network or facilities.

C. An electronic mail service provider shall not be liable for any action it voluntarily takes in good faith to block the receipt or transmission through its service of any electronic mail advertisements that it believes is or will be sent in violation of this article.

44-1372.05 Violation; classification

A person who violates this article is guilty of a Class 2 misdemeanor.