PRINTER'S NO. 1041
No. 887 Session of 2007
INTRODUCED BY MARKOSEK, ADOLPH, BAKER, BARRAR, BELFANTI,
BENNINGTON, BIANCUCCI, BOYD, CALTAGIRONE, CARROLL, COHEN,
COSTA, CUTLER, DeLUCA, DENLINGER, DERMODY, DONATUCCI,
FRANKEL, FREEMAN, GEIST, GEORGE, GERGELY, GIBBONS, GOODMAN,
GRUCELA, HARHAI, HERSHEY, HORNAMAN, JOSEPHS, W. KELLER,
KENNEY, KING, KIRKLAND, KORTZ, KOTIK, KULA, LEACH, MANN,
MARSICO, McGEEHAN, MELIO, MILLARD, MUSTIO, O'NEILL, PALLONE,
PARKER, PETRARCA, PYLE, RAMALEY, RAYMOND, READSHAW, REED,
REICHLEY, ROSS, SANTONI, SAYLOR, SCAVELLO, SCHRODER,
SIPTROTH, R. STEVENSON, STURLA, J. TAYLOR, THOMAS, WALKO,
WANSACZ, WATSON, J. WHITE, WOJNAROSKI, YOUNGBLOOD, YUDICHAK
AND MURT, MARCH 22, 2007
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, MARCH 22, 2007
AN ACT
1 Regulating unsolicited electronic mail advertisements; and
2 prescribing penalties.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the Unsolicited
7 Electronic Mail Advertisements Act.
8 Section 2. Definitions.
9 The following words and phrases when used in this act shall
10 have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 "Access." To instruct, communicate with, store data in,
13 retrieve data from or otherwise make use of any resources of a
1 computer, computer system or computer network.
2 "Computer." An electronic device which performs logical,
3 arithmetic and memory functions by the manipulations of
4 electronic, photonic or magnetic impulses and includes all
5 input, output, processing, storage, software or communication
6 facilities which are connected or related to the device in a
7 system or network, including devices available to the public for
8 limited or designated use or other devices used to access or
9 connect to the system or network.
10 "Computer network." The interconnection of remote user
11 terminals with a computer through communication lines or a
12 complex consisting of two or more interconnected computers.
13 "Computer program." A series of instructions or statements
14 or related data that in actual or modified form is capable of
15 causing a computer or a computer system to perform specified
16 functions in a form acceptable to a computer, which permits the
17 functioning of a computer system in a manner designed to provide
18 appropriate products from the computer system.
19 "Computer software." A set of computer programs, procedures
20 and associated documentation concerned with the operation of a
21 computer system.
22 "Computer system." A set of connected computer equipment,
23 devices and software.
24 "Data." Any representation of information, knowledge, facts,
25 concepts or instructions which are being prepared or have been
26 prepared and are intended to be entered, processed or stored,
27 are being entered, processed or stored or have been entered,
28 processed or stored in a computer, computer system or computer
29 network.
30 "Electronic mail." A message, file or other information that
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1 is transmitted through a local, regional or global network,
2 regardless of whether the message, file or other information is:
3 (1) viewed;
4 (2) stored for retrieval at a later time;
5 (3) printed onto paper or other similar material; or
6 (4) filtered or screened by a computer program that is
7 designed or intended to filter or screen such items.
8 "Electronic mail advertisement." Any electronic message
9 containing solicitations for the sale, lease, rental, gift,
10 offer or other disposition of realty, goods, services or offers
11 of credit.
12 "Electronic mail service provider." A person who:
13 (1) is an intermediary in sending or receiving
14 electronic mail; and
15 (2) provides to end-users of electronic mail services
16 the ability to send or receive electronic mail.
17 "Registry." The Statewide registry established in section 4.
18 "Services." Includes computer time, data processing and
19 storage functions.
20 "Unsolicited electronic mail advertisement."
21 (1) An electronic mail advertisement that meets both of
22 the following requirements:
23 (i) The message is addressed to a recipient with
24 whom the initiator does not have an existing business or
25 personal relationship.
26 (ii) The message is not sent at the request of or
27 with the express consent of the recipient.
28 (2) The term does not include transmission of an
29 electronic mail advertisement:
30 (i) From an organization to its members.
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1 (ii) On behalf of an organization granted tax-exempt
2 status under section 501(c)(3), (5) or (8) of the
3 Internal Revenue Code of 1986 (Public Law 99-514, 26
4 U.S.C. § 1 et seq.) or a veterans organization chartered
5 by the Congress of the United States and/or its duly
6 appointed foundation.
7 (iii) On behalf of a political candidate or a
8 political party.
9 Section 3. Prohibitions.
10 (a) Distribution of unsolicited electronic mail
11 advertisement.--
12 (1) No person shall, without authorization and without
13 checking the registry, intentionally or recklessly distribute
14 any unsolicited electronic mail advertisement to any
15 receiving address or account under the control of any
16 authorized user of a computer system.
17 (2) No electronic mail service provider shall be liable
18 under this section solely for:
19 (i) transmitting an unsolicited electronic mail
20 advertisement in its network; or
21 (ii) any action voluntarily taken in good faith to
22 block the receipt or transmission through its service of
23 any unsolicited electronic mail advertisement which it
24 believes is or will be sent in violation of this section.
25 (b) Falsifying or forging transmission information.--No
26 person shall without authorization use a computer or computer
27 network with the intent to falsify or forge electronic mail
28 transmission information in connection with the transmission of
29 unsolicited electronic mail advertisements through or into the
30 computer network of an electronic mail service provider or its
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1 subscribers.
2 (c) Software.--No person shall sell, distribute or possess,
3 with the intent to sell or distribute, software which:
4 (1) is primarily designed or produced for the purpose of
5 facilitating or enabling the falsification of electronic mail
6 transmission information or other routing information;
7 (2) has only limited commercially significant purpose or
8 use other than to facilitate or enable the falsification of
9 electronic mail transmission information or other routing
10 information; or
11 (3) is marketed for use in facilitating or enabling the
12 falsification of electronic mail transmission information or
13 other routing information.
14 (d) Failure to cease sending electronic mail
15 advertisements.--No person shall intentionally, recklessly or
16 negligently fail to cease sending electronic mail advertisements
17 to any receiving address or account under control of any
18 authorized user of a computer system after being requested to do
19 so or after the authorized user has been entered on the registry
20 list.
21 (e) Information to be provided.--No person shall send any
22 electronic mail advertisement to any receiving address within
23 this Commonwealth without information describing how to
24 unsubscribe, how to be removed from the mailing list or how to
25 stop further receipt of electronic mail advertisements from the
26 sender.
27 (f) Subject line notice.--No person shall send any
28 electronic mail advertisement to any receiving address or
29 account under the control of any authorized user of a computer
30 system within this Commonwealth unless the advertisement
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1 specifies in the subject line area of the message the following
2 notice:
3 (1) "ADV" for advertisements; or
4 (2) "ADV: ADULT" for those advertisements that contain
5 pornographic or sexually explicit advertisements.
6 (g) Penalty.--A person who violates this section commits a
7 summary offense and shall upon conviction:
8 (1) For a first offense, be sentenced to pay a fine of
9 not more than $500.
10 (2) For a second or subsequent offense, be sentenced to
11 pay a fine of not more than $1,000.
12 Section 4. Registry.
13 The Bureau of Consumer Protection in the Office of Attorney
14 General shall establish and maintain the "Do Not E-mail"
15 Statewide Registry which shall contain a list of those persons
16 who do not wish to receive unsolicited electronic mail
17 advertisements. The bureau may contract with a private vendor to
18 establish and maintain the registry, provided the private vendor
19 has experience in maintaining the information and the contract
20 requires the vendor to provide the registry in a printed hard
21 copy format and in any other format as prescribed by the bureau.
22 Section 5. Effective date.
23 This act shall take effect in 60 days.
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