PRINTER'S NO. 1738
No. 1366 Session of 2003
INTRODUCED BY RAYMOND, ADOLPH, ALLEN, ARGALL, ARMSTRONG, BAKER,
BALDWIN, BARD, BARRAR, BELARDI, BELFANTI, BENNINGHOFF, BLAUM,
BROWNE, BUNT, CAPPELLI, CIVERA, CORRIGAN, COY, CRAHALLA,
CREIGHTON, DAILEY, FICHTER, FREEMAN, GABIG, GEIST, GRUCELA,
HARHAI, HARPER, HARRIS, HENNESSEY, HORSEY, JOSEPHS, KELLER,
KENNEY, LEACH, LEH, LEVDANSKY, MANDERINO, MARSICO, McGEEHAN,
MELIO, METCALFE, R. MILLER, S. MILLER, MUNDY, PETRARCA,
PHILLIPS, PISTELLA, READSHAW, REICHLEY, ROBERTS, RUBLEY,
SAYLOR, SCRIMENTI, B. SMITH, T. STEVENSON, E. Z. TAYLOR,
THOMAS, TIGUE, WALKO, WANSACZ, WASHINGTON, WATSON,
WOJNAROSKI, YOUNGBLOOD AND ZUG, MAY 7, 2003
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, MAY 7, 2003
AN ACT
1 Amending the act of December 16, 2002 (P.L.1810, No.222),
2 entitled "An act prohibiting certain facsimiles, commercial
3 electronic transmissions and the use of text, graphic or
4 image messaging systems of wireless telephone systems to
5 transmit unsolicited commercial messages; imposing penalties;
6 authorizing the blocking of commercial electronic mail by
7 interactive computer service; and providing for the powers of
8 the Attorney General," establishing a Statewide do-not-e-mail
9 list.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Section 2 of the act of December 16, 2002
13 (P.L.1810, No.222), known as the Unsolicited Telecommunication
14 Advertisement Act, is amended by adding a definition to read:
15 Section 2. Definitions.
16 The following words and phrases when used in this act shall
17 have the meanings given to them in this section unless the
1 context clearly indicates otherwise:
2 * * *
3 "Do-not-e-mail list." A list of residential electronic mail
4 subscribers who have notified the Office of Attorney General of
5 their desire not to receive commercial electronic mail messages
6 or advertisements.
7 * * *
8 Section 2. Section 3 of the act is amended to read:
9 Section 3. Prohibition of unsolicited or misleading commercial
10 electronic mail messages and faxes.
11 (a) General rule.--No person may initiate a transmission or
12 conspire with another person to initiate a transmission or
13 assist a transmission of an unsolicited commercial electronic
14 mail message to a residential electronic mail subscriber who
15 does not wish to receive unsolicited commercial e-mail messages
16 or advertisements and has caused his electronic mail address to
17 be enrolled on a do-not-e-mail list maintained by the Office of
18 Attorney General in accordance with subsection (c) or fax from a
19 computer or fax machine located in this Commonwealth or to an
20 electronic mail address that:
21 (1) uses a third party's Internet domain name in the
22 return electronic mail message without permission of the
23 third party;
24 (2) includes false or misleading information in the
25 return address portion of the electronic mail, facsimile or
26 wireless advertisement such that the recipient would be
27 unable to send a reply message to the original authentic
28 sender;
29 (3) contains false or misleading information in the
30 subject line; or
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1 (4) fails to operate a valid sender-operated return e-
2 mail address or toll-free telephone number that the recipient
3 of the unsolicited documents may e-mail or call to notify the
4 sender not to transmit further unsolicited documents.
5 (b) Covered mobile telephone messaging systems.--No person
6 may use a covered mobile telephone messaging system to transmit
7 an unsolicited commercial electronic mail message.
8 (c) Do-not-e-mail list.--The Office of Attorney General
9 shall establish and provide for the operation of a Statewide
10 database to compile a list of Commonwealth electronic mail
11 subscribers who object to receiving unsolicited electronic mail
12 before January 1, 2004. The Office of Attorney General shall
13 promulgate rules governing the establishment and administration
14 of the list necessary to carry out the provisions of this act.
15 Section 3. This act shall take effect in 180 days.
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