|
|
|
IC 24-5-22-1
"Assist the transmission"
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.
As added by P.L.36-2003, SEC.1.
IC 24-5-22-2
"Commercial electronic mail message"
Sec. 2. (a) As used in this chapter, "commercial electronic mail
message" refers to an electronic mail message sent to promote 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.
As added by P.L.36-2003, SEC.1.
IC 24-5-22-3
"Electronic mail address"
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.
As added by P.L.36-2003, SEC.1.
IC 24-5-22-4
"Initiate the transmission"
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 handles or retransmits the message.
As added by P.L.36-2003, SEC.1.
IC 24-5-22-5
"Interactive computer service"
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, or a private postsecondary
educational institution.
As added by P.L.36-2003, SEC.1. Amended by P.L.2-2007, SEC.317.
IC 24-5-22-6
"Internet domain name"
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.
As added by P.L.36-2003, SEC.1.
IC 24-5-22-7
Indiana recipient of commercial electronic mail message;
transmission of commercial electronic mail message; application
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 or assist 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.
As added by P.L.36-2003, SEC.1. Amended by P.L.97-2004, SEC.91.
IC 24-5-22-8
Commercial electronic mail; prohibited practices
Sec. 8. A person may not do any of the following:
(1) Send unsolicited commercial electronic mail and fail to use
"ADV:" as the initial four (4) characters in the subject line of
the electronic mail. This subdivision does not apply if any of
the following apply:
(A) The sender of the electronic mail has a current business
relationship with the recipient of the electronic mail.
(B) The sender of the electronic mail is an organization
using the electronic mail to communicate with its members.
(C) The sender of the electronic mail is an organization
using the electronic mail to communicate exclusively with
the organization's employees or contractors, or both.
(2) Send unsolicited commercial electronic mail and fail to use
"ADV:ADLT" as the first eight (8) characters in the subject line
of the electronic mail if the unsolicited commercial electronic
mail is any of the following:
(A) The unsolicited commercial electronic mail contains a
solicitation for the sale or lease of services or tangible or
intangible personal or real property that may not be
purchased, leased, or possessed by a minor under Indiana
law.
(B) The unsolicited commercial electronic mail contains a
solicitation for an extension of credit.
(C) The unsolicited commercial electronic mail contains
matter that is harmful to minors under Indiana law.
(3) Send unsolicited commercial electronic mail and fail to
provide a means for the recipient easily and at no cost to the
recipient to remove the recipient's name from the sender's
electronic mail address lists.
(4) Send unsolicited commercial electronic mail to a recipient
who has asked the sender to remove the recipient's electronic
mail address from the sender's electronic mail address lists.
(5) Provide to a third person the electronic mail address of a
recipient who has asked the sender to remove the recipient's
electronic mail address from the sender's electronic mail
address lists. This subdivision applies to a third person who is
a part of the sender's business organization. This subdivision
does not prohibit providing a recipient's electronic mail address
to a third person for the sole purpose of inclusion of the
electronic mail address on a do-not-mail list.
As added by P.L.36-2003, SEC.1.
IC 24-5-22-9
Interactive computer services; blocking transmission of
commercial electronic mail; liability
Sec. 9. (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.
As added by P.L.36-2003, SEC.1.
IC 24-5-22-10
Right of action; exclusions; defenses; remedies; jurisdiction
Sec. 10. (a) The following have a right of action against a person
who initiates or assists the transmission of a commercial electronic
mail message that violates this chapter: