SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

2003 SESSION

  • | print version

SB 924 Commercial electronic mail; prohibitions; penalties.

Introduced by: Leslie L. Byrne | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Commercial electronic mail; prohibitions; penalties. Prohibits sending commercial electronic mail to persons if the sender uses a third party's domain name or electronic mail address without permission, contains false, misleading or no information in the subject line or if the intended recipient has indicated that he does not wish to receive commercial electronic mail from the sender. The bill requires the sender to (i) identify the message as an advertisement or solicitation; (ii) provide notice of the right to decline to receive further commercial electronic mail messages from the sender; (iii) provide a valid, cost-free method of contacting the sender; and (iv) provide at a minimum a valid return electronic mail address and a valid postal address for receiving requests to not receive further commercial electronic mail messages from the sender. The bill provides immunity from liability for interactive computer service providers that in good faith block commercial electronic mail sent in violation of this chapter. The bill also provides relief to an injured recipient, third party whose domain name or electronic mail address was used without permission, and interactive service provider. The Attorney General, an attorney for the Commonwealth or an attorney for a locality may bring an action to enforce these provisions. This bill does not include provisions regarding falsifying transmission or routing information that are included in the Virginia Computer Crimes Act (§ 18.2-152.1 et seq.). The purpose of this bill is to give consumers more power to control commercial electronic mail messages, which constitute an overwhelming majority of unwanted mail messages known as spam. Violations of this statute are also violations of the Virginia Consumer Protection Act.


FULL TEXT

HISTORY