UNSOLICITED TELECOMMUNICATION ADVERTISEMENT ACT
                 Act of Dec. 16, 2002, P.L. 1810, No. 222             Cl. 12
                                  AN ACT

     Prohibiting certain facsimiles, commercial electronic
        transmissions and the use of text, graphic or image messaging
        systems of wireless telephone systems to transmit unsolicited
        commercial messages; imposing penalties; authorizing the
        blocking of commercial electronic mail by interactive
        computer service; and providing for the powers of the
        Attorney General.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

     Section 1.  Short title.
        This act shall be known and may be cited as the Unsolicited
     Telecommunication Advertisement Act.
     Section 2.  Definitions.
        The following words and phrases when used in this act shall
     have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        "Assist a transmission."  Action taken by a person to provide
     substantial assistance or support which enables another 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
     indicator of the commercial electronic mail message is engaged
     or intends to engage in any practice that violates the act of
     December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade
     Practices and Consumer Protection Law. This term does not
     include action by a provider of Internet access or electronic
     mail service for mere transmission or hosting services in the
     ordinary course of business.
        "Commercial electronic mail message."  An electronic mail
     message sent for the purpose of promoting real property, goods
     or services. The term does not include an electronic mail
     transmission:
            (1)  to which an interactive computer service has
        attached an advertisement in exchange for free use of an
        electronic mail account when the sender has agreed to such an
        arrangement; or
            (2)  sent as a result of an established business
        relationship.
        "Electronic mail address."  A destination, commonly expressed
     as a string of characters, to which electronic mail may be sent
     or delivered.
        "Electronic mail service."  A person who is an intermediary
     in sending or receiving electronic mail or who provides end-
     users of electronic mail services the ability to send or receive
     electronic mail.
        "Established business relationship."  A prior or existing
     relationship formed by a voluntary two-way communication
     initiated by a person or entity and a recipient, with or without
     an exchange of consideration, on the basis of an inquiry,
     application, purchase or transaction by the recipient regarding
     products or services offered by such persons or entity. In
     regard to an inquiry, the person or entity shall obtain the
     consent of a recipient beyond the initial inquiry. An
     established business relationship does not exist if the
     recipient requests to be removed from the distribution lists of
     an initiator pursuant to section 3(a)(4).
        "Fax."  The transmission of the facsimile of a document
     through a connection with a telephone or computer network.
        "Initiate a transmission."  Action by the original sender of
     an electronic mail message, excluding action by any intervening
     interactive computer service that may handle or retransmit the
     message unless such intervening interactive computer service 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
     act of December 17, 1968 (P.L.1224, No.387), known as the Unfair
     Trade Practices and Consumer Protection Law. The term does not
     include action by a provider of Internet access or electronic
     mail service for mere transmission or hosting services in the
     ordinary course of business.
        "Internet domain name."  A globally unique hierarchical
     reference to an Internet host or service assigned through
     centralized Internet naming authorities and comprising a series
     of character strings separated by periods with the right-most
     string specifying the top of the hierarchy.
        "Wireless advertisement."  The initiation of a telephone call
     or a message capable of providing text, graphic or image
     messages by a commercial mobile service provider, unlicensed
     wireless services provider or common carrier wireless exchange
     access service provider for the purpose of marketing goods or
     services. The term does not include a call or message to a
     person with that person's prior express invitation or permission
     or to a person with whom the caller has an established business
     relationship.
     Section 3.  Prohibition of unsolicited or misleading commercial
                    electronic mail messages and faxes.
        (a)  General rule.--No person may initiate a transmission or
     conspire with another person to initiate a transmission or
     assist a transmission of an unsolicited commercial electronic
     mail message or fax from a computer or fax machine located in
     this Commonwealth or to an electronic mail address that:
            (1)  uses a third party's Internet domain name in the
        return electronic mail message without permission of the
        third party;
            (2)  includes false or misleading information in the
        return address portion of the electronic mail, facsimile or
        wireless advertisement such that the recipient would be
        unable to send a reply message to the original authentic
        sender;
            (3)  contains false or misleading information in the
        subject line; or
            (4)  fails to operate a valid sender-operated return e-
        mail address or toll-free telephone number that the recipient
        of the unsolicited documents may e-mail or call to notify the
        sender not to transmit further unsolicited documents.
        (b)  Covered mobile telephone messaging systems.--No person
     may use a covered mobile telephone messaging system to transmit
     an unsolicited commercial electronic mail message.
     Section 4.  Other conduct.
        It shall be deemed a violation of this act for a person to:
            (1)  Conspire with another person to initiate the
        transmission of a commercial electronic mail message, fax or
        wireless advertisement that uses a third party's Internet
        domain name without permission of the third party or to
        otherwise misrepresent or obscure any information identifying
        the point of origin or the transmission path of a commercial
        electronic mail message.
            (2)  Falsify or forge commercial electronic mail, fax or
        wireless transmission or other routing information in any
        manner in connection with the transmission of unsolicited
        commercial electronic mail or wireless advertisement.
            (3)  Assist in the transmission of a commercial
        electronic mail message, fax or wireless advertisement when
        the person providing the assistance knows or consciously
        avoids knowing that the initiator of the commercial
        electronic mail message or fax is engaged or intends to
        engage in any act or practice that violates the provisions of
        this act.
            (4)  Temporarily or permanently remove, alter, halt or
        otherwise disable any computer or wireless data, programs
        software or network to initiate a commercial electronic mail
        message, fax or wireless advertisement.
            (5)  Sell, give or otherwise distribute or possess with
        the intent to sell, give or distribute software that is
        primarily designed or produced for the purposes of
        facilitating or enabling falsification of commercial
        electronic mail, fax or wireless advertisement transmissions.
     Section 5.  Violations.
        (a)  Other law.--A violation of this act shall constitute a
     violation of the act of December 17, 1968 (P.L.1224, No.387),
     known as the Unfair Trade Practices and Consumer Protection Law.
        (b)  Procedure.--All actions of the Office of Attorney
     General under this act shall be taken subject to the right of
     notice, hearing and adjudication and the right of appeal
     therefrom in accordance with 2 Pa.C.S. (relating to
     administrative law and procedure).
     Section 6.  Blocking of commercial electronic mail.
        (a)  Discretionary right.--
            (1)  A person who provides electronic mail service or a
        wireless telecommunication company may upon its own
        initiative block or filter the receipt or transmission
        through its service of any commercial electronic mail or
        wireless advertisement that it reasonably believes is or may
        be sent in violation of this act.
            (2)  Nothing in this act shall be construed to prevent or
        limit in any way a person who provides Internet access or
        electronic mail service or a wireless telecommunications
        company from:
                (i)  adopting a policy regarding commercial or other
            electronic mail, including a policy of blocking,
            filtering or declining to transmit certain types of
            electronic mail messages;
                (ii)  suspending or terminating the services or
            accounts of any person deemed in violation of this act;
            or
                (iii)  enforcing such policy through technology,
            contract or pursuant to any remedy available under any
            provision of law.
        (b)  Immunity.--No person who provides Internet access or
     electronic mail service or wireless telecommunication company
     may be held liable for any action voluntarily taken in good
     faith to block the receipt or transmission through its service
     of any commercial electronic mail which it reasonably believes
     is or may be sent in violation of this act.
     Section 7.  Remedies available to consumers.
        Nothing in this act shall be construed to limit the remedies
     available to consumers, the Attorney General or any district
     attorney under the act of December 17, 1968 (P.L.1224, No.387),
     known as the Unfair Trade Practices and Consumer Protection Law,
     or any other Federal or State law.
     Section 8.  Investigation, enforcement and reporting.
        (a)  Right of action.--
            (1)  The Bureau of Consumer Protection in the Office of
        Attorney General shall investigate any complaints received
        concerning violations of this act. If, after investigating
        any complaint, the Attorney General finds that there has been
        a violation of this act, the Attorney General may bring an
        action to impose a civil penalty and to seek other relief,
        including injunctive relief, under the act of December 17,
        1968 (P.L.1224, No.387), known as the Unfair Trade Practices
        and Consumer Protection Law.
            (2)  The Attorney General shall remit 10% of any civil
        penalty collected under this section to the person filing the
        complaint leading to the civil penalty. In no event, however,
        shall the amount of this remittance exceed $100 for any
        person.
            (3)  Any Internet access provider, electronic mail
        service provider or wireless telecommunication company
        aggrieved by a violation of this act shall have the right to
        initiate an action to enjoin such violation and to recover
        damages in the amount of no less than $1 or more than $10 per
        violation. For the purpose of this section, each unsolicited
        commercial electronic mail, facsimile or wireless
        advertisement received constitutes a separate violation.
                (i)  For willful violations of this act the court
            may, in its discretion, increase the amount of the award
            to an amount not exceeding $1,500,000.
                (ii)  Notwithstanding any other provision of the law
            to the contrary, in addition to any damages awarded, such
            person may be awarded reasonable attorney fees and court
            costs.
        (b)  Annual report to General Assembly.--On or before
     November 30 of each year, the Attorney General shall submit to
     the General Assembly a report detailing investigations and
     enforcement actions taken under this act during the preceding
     fiscal year. The report shall include, but not be limited to:
            (1)  The number of complaints received under this
        section.
            (2)  The nature of those complaints.
            (3)  The number of investigations and enforcement actions
        instituted by the Attorney General.
            (4)  A summary of the results of those investigations.
            (5)  Enforcement and the amount of any civil penalties
        collected.
        (c)  Investigative powers.--Prior to the institution of a
     civil action, the Attorney General may require the attendance
     and testimony of witnesses and the production of documents. For
     this purpose, the Attorney General may issue subpoenas, examine
     witnesses and receive evidence. If a person objects to or
     otherwise fails to comply with a subpoena or request for
     testimony, the Attorney General may file in Commonwealth Court
     an action to enforce the subpoena or request. Notice of hearing
     the action and a copy of all pleadings shall be served upon the
     person who may appear in opposition.
        (d)  Confidentiality to be maintained.--Any testimony taken
     or material produced under this act shall be kept confidential
     by the Attorney General except to the extent the Attorney
     General may use information in a judicial proceeding or if the
     disclosure is authorized by the court for good cause shown or
     confidentiality is waived by the person being investigated and
     by the person who has testified, answered interrogatories or
     produced materials.
     Section 9.  Effective date.
        This act shall take effect in 90 days.