[PLUG] ORS and spam

Colin Kuskie ckuskie at dalsemi.com
Tue Apr 2 18:33:46 UTC 2002


On Tue, Apr 02, 2002 at 09:28:23AM -0800, Rich Shepard wrote:
> 
>   This interpretation looks like another implementation of the Attorneys
> Full Employment Act of 2002 (Revised). I'd rather see if the specific
> language could be broadened to include e-mail. Looking at the Washington
> statute would be informative if someone wants to track it down and provide
> us with a URL.

It's part of the Consumer Protection Act.  From:

http://search.leg.wa.gov/pub/textsearch/ViewRoot.asp?Action=Html&Item=0&X=402095947&p=1

   Last year the Legislature passed a law regulating commercial electronic
   mail messages.  The law defines a commercial electronic mail message as
   one sent for the purpose of promoting real property, goods, or services
   for sale or lease.  It is a violation of the Consumer Protection Act to
   initiate a commercial electronic mail message from a computer located in
   Washington or to a Washington resident that:

      *  Uses a third party's Internet domain name without permission of the
         third party, or otherwise misrepresents any information in
         identifying the point of origin or transmission path of the message;
         or

      *  Puts false or misleading information in the subject line of the
         message.

   Only the person who actually clicks or pushes a "send" button on a
   computer screen or keyboard to transmit a message is liable under the
   Consumer Protection Act.  An interactive computer service provider that
   routes or re-transmits the message is not liable.

   When a sender violates the Consumer Protection Act, the recipient of the
   commercial electronic mail message may bring a civil action against the
   sender for the greater of $500 or actual damages.  An interactive computer
   service provider may also bring an action against the sender for the
   greater of $1,000 or actual damages.

Colin




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