Senate Bill 0326

January 8, 2002, read first time and referred to Committee on Corrections, Criminal and Civil Procedures.
January 24, 2002, reported favorably _ Do Pass.

January 25, 2002

Second Regular Session 112th General Assembly (2002)

PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in ~~this~~ ~~style~~ ~~type.~~
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
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SENATE BILL No. 326

A BILL FOR AN ACT to amend the Indiana Code concerning trade regulation.

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

    SECTION 1. IC 24-5-22 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]:
     Chapter 22. Deceptive Commercial Electronic Mail
    Sec. 1. As used in this chapter, "assist the transmission" means to provide substantial assistance or support that enables a 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 initiator of the commercial electronic mail message is engaged, or intends to engage, in a practice that violates this chapter.
    Sec. 2. (a) As used in this chapter, "commercial electronic mail message" refers to an electronic mail message sent for the purpose of promoting the sale or lease of real property, goods, or services.
    (b) The term does not include an electronic mail message to which an interactive computer service provider has attached an advertisement in exchange for free use of an electronic mail

account, if the sender has agreed to such an arrangement.
    Sec. 3. As used in this chapter, "electronic mail address" means a destination, commonly expressed as a string of characters, to which electronic mail may be sent or delivered.
    Sec. 4. (a) As used in this chapter, "initiate the transmission" refers to the action by the original sender of an electronic mail message.
    (b) The term does not include an action by any intervening interactive computer service that may handle or retransmit the message.
    Sec. 5. (a) As used in this chapter, "interactive computer service" means an information service, a system, or an access software provider that provides or enables computer access to a computer server by multiple users.
    (b) The term includes the following:
        (1) A service or system that provides access to the Internet.
        (2) A system operated or services offered by a library, a school, a state educational institution (as defined in IC 20-12-0.5-1 ), or a private college or university.
    Sec. 6. As used in this chapter, "Internet domain name" refers to a globally unique, hierarchical reference to an Internet host or service, assigned through centralized Internet naming authorities, comprising a series of character strings separated by periods, with the right-most string specifying the top of the hierarchy.
    Sec. 7. (a) For purposes of this section, a person knows that the intended recipient of a commercial electronic mail message is an Indiana resident if that information is available, upon request, from the registrant of the Internet domain name contained in the recipient's electronic mail address.
     (b) Subsection (c) applies only to a commercial electronic mail message that:
        (1) uses a third party's Internet domain name without permission of the third party;
        (2) otherwise misrepresents or obscures any information in identifying the point of origin or the transmission path of the commercial electronic mail message; or
        (3) contains false or misleading information in the subject line.
    (c) A person may not initiate the transmission of, conspire with another to initiate the transmission of, or assist in the transmission of a commercial electronic mail message described in subsection (b):

        (1) from a computer located in Indiana; or
        (2) to an electronic mail address that the sender:
            (A) knows; or
            (B) has reason to know;
        is held by a resident of Indiana.
    Sec. 8. (a) An interactive computer service may, upon its own initiative, block the receipt or transmission through its service of any commercial electronic mail message that it reasonably believes is, or will be, sent in violation of this chapter.
    (b) An interactive computer service is not liable for any action voluntarily taken in good faith to block the receipt or transmission through its service of any commercial electronic mail message that it reasonably believes is, or will be, sent in violation of this chapter.
     Sec. 9. A person who violates this chapter:
        (1) commits a deceptive act that is actionable by the attorney general or the recipient of the commercial electronic mail under IC 24-5-0.5 ; and
        (2) is subject to the penalties of IC 24-5-0.5.
    SECTION 2. IC 34-30-2-96.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2002]: Sec. 96.5. IC 24-5-22-8 (Concerning the action of an interactive computer service in blocking the receipt or transmission of certain electronic mail messages).