70th OREGON LEGISLATIVE ASSEMBLY--1999 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 3525

                         House Bill 3106

Sponsored by Representative PROZANSKI


                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Imposes criminal penalty for commercial electronic mail
messages containing unwanted advertising material if sender has
received discontinuance notice from recipient. Punishes by
maximum of six months' imprisonment, $2,000 fine, or both.

                        A BILL FOR AN ACT
Relating to commercial electronic mail messages.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + As used in sections 1 and 2 of this 1999 Act:
  (1) 'Commercial electronic mail message' means an electronic
mail message sent for the purpose of promoting real property,
goods or services for sale or lease.
  (2) 'Electronic mail address' means a destination, commonly
expressed as a string of characters, to which electronic mail may
be sent or delivered.
  (3) 'Initiate the transmission' refers to the action by the
original sender of an electronic mail message, not to the action
by any intervening interactive computer service that may handle
or retransmit the message.
  (4) 'Interactive computer service' means any information
service, system or access software provider that provides or
enables computer access by multiple users to a computer server,
including specifically a service or system that provides access
to the Internet and such systems operated or services offered by
libraries or educational institutions.
  (5) '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. + }
  SECTION 2.  { + (1) If a person who is a resident of this state
receives any unsolicited and unwanted commercial electronic mail
message at any electronic mail address held by the person, the
person may give the sender of the commercial electronic mail
message written notice to discontinue further such commercial
electronic mail messages. A person who has received a
discontinuance notice under this section may not initiate the
transmission of a commercial electronic mail message to an
electronic mail address that the sender knows, or has reason to
know, is held by the person who gave the discontinuance notice.

  (2) For purposes of subsection (1) of this section, a person
knows, or has reason to know, that the intended recipient of a
commercial electronic mail message is a person who gave a
discontinuance notice under subsection (1) of this section if
that information is available, upon request, from the registrant
of the Internet domain name contained in the recipient's
electronic mail address. + }
  SECTION 3.  { + Violation of section 2 of this 1999 Act is a
Class B misdemeanor. + }
  SECTION 4.  { + Sections 1 and 2 of this 1999 Act apply to
commercial electronic mail messages sent on or after the
effective date of this 1999 Act. + }
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