REPORT TITLE:
Anti-Spamming Law


DESCRIPTION:
Makes unlawful the unsolicited or misleading transmission of an
electronic mail message or the unsolicited transmission of a
facsimile message.  Provides immunity from liability for an
interactive computer service that blocks an unlawful
transmission.  Makes a violation of new chapter an unfair or
deceptive act or practice. (SD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        651
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO CONSUMER PROTECTION.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  The Hawaii Revised Statutes is amended by adding
 
 2 a new chapter to be appropriately designated and to read as
 
 3 follows:
 
 4                             "CHAPTER
 
 5                      UNSOLICITED ADVERTISING
 
 6          -1  Definitions.  For the purposes of this chapter,
 
 7 unless the context requires otherwise:
 
 8      "Commercial electronic mail message" means an electronic
 
 9 mail message sent for the purpose of promoting real property,
 
10 goods, or services for sale or lease.
 
11      "Electronic mail address" means a destination, commonly
 
12 expressed as a string of characters, to which electronic mail may
 
13 be sent or delivered.
 
14      "Initiate the transmission" refers to the action by the
 
15 original sender of an electronic mail message, not to the action
 
16 by any intervening computer service that may handle or retransmit
 
17 the message.  
 
18      "Interactive computer service" means any information
 
19 service, system, or access software provider that provides or
 

 
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 1 enables computer access by multiple users to a computer server,
 
 2 including specifically a service or system that provides access
 
 3 to the Internet and those systems operated or services offered by
 
 4 libraries or educational institutions.
 
 5      "Internet domain name" refers to a globally unique,
 
 6 hierarchical reference to an Internet host or service, assigned
 
 7 through centralized Internet naming authorities, comprising a
 
 8 series of character strings separated by periods, with the
 
 9 rightmost string specifying the top of the hierarchy.
 
10      "Telefacsimile message" means the transmittal of electronic
 
11 signals over the telephone lines for conversion into written
 
12 text.
 
13          -2  Unsolicited or misleading electronic mail;
 
14 prohibition.(a)  No person may initiate the transmission of a
 
15 commercial electronic mail message from a computer located in
 
16 this State or to an electronic mail address that the sender
 
17 knows, or has reason to know, is held by a resident of this State
 
18 that:
 
19      (1)  Uses a third party's Internet domain name without
 
20           permission of the third party, or otherwise
 
21           misrepresents any information in identifying the point
 
22           of origin or the transmission path of a commercial
 
23           electronic mail message; or
 

 
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                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1      (2)  Contains false or misleading information in the subject
 
 2           line.
 
 3      (b)  For purposes of this section, a person knows that the
 
 4 intended recipient of a commercial electronic mail message is a
 
 5 resident of this State if that information is available, upon
 
 6 request, from the registrant of the Internet domain name
 
 7 contained in the recipient's electronic mail address.
 
 8      (c)  No person shall initiate the transmission of a
 
 9 commercial electronic mail message that:
 
10      (1)  Uses a third party's Internet domain name without
 
11           permission of the third party, or otherwise
 
12           misrepresents any information in identifying the point
 
13           of origin or the transmission path of a commercial
 
14           electronic mail message; or 
 
15      (2)  Contains false or misleading information in the subject
 
16           line.
 
17          -3  Blocking of commercial electronic mail by
 
18 interactive computer service; immunity from liability.(a)  An
 
19 interactive computer service, upon its own initiative, may block
 
20 the receipt or transmission through its service of any commercial
 
21 electronic mail that it reasonably believes is, or will be, sent
 
22 in violation of this chapter.
 
23      (b)  No interactive computer service may be held liable for
 

 
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                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1 any action voluntarily taken in good faith to block the receipt
 
 2 or transmission through its service of any commercial electronic
 
 3 mail which it reasonably believes is, or will be, sent in
 
 4 violation of this chapter.
 
 5          -4  Unsolicited telefacsimile messages; prohibition.
 
 6 (a)  No person shall initiate the unsolicited transmission of
 
 7 telefacsimile messages promoting real property, goods, or
 
 8 services for purchase or lease by the recipient.
 
 9      (b)  (1)  Except as provided in paragraph (2), this section
 
10           shall not apply to telefacsimile messages sent to a
 
11           recipient with whom the initiator has had a prior
 
12           established business relationship.
 
13      (2)  No person shall initiate an unsolicited telefacsimile
 
14           message under paragraph (1), if the person knew or
 
15           reasonably should have known that the recipient is a
 
16           governmental entity.
 
17      (c)  Notwithstanding subsection (b), it is unlawful to
 
18 initiate any telefacsimile message to a recipient who has
 
19 previously sent a written or telefacsimile message to the
 
20 initiator clearly indicating that the recipient does not want to
 
21 receive telefacsimile messages from the initiator.
 
22      (d)  Nothing in this section shall be construed to prevent
 
23 the public utilities commission from adopting additional rules
 

 
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                                     S.B. NO.           S.D. 1
                                                        
                                                        

 
 1 under chapter 91 regulating transmissions of telefacsimile
 
 2 messages.
 
 3          -5  Unfair or deceptive act or practice.  Any person
 
 4 who violates this chapter shall be deemed to have engaged in an
 
 5 unfair method of competition or unfair or deceptive act or
 
 6 practice in the conduct or any trade or commerce within the
 
 7 meaning of section 480-2.
 
 8          -6  Damages.(a)  Damages to any person resulting from
 
 9 a violation of this chapter shall be $1,000 or three times the
 
10 actual damages sustained, whichever is greater, plus reasonable
 
11 attorneys' fees and the costs of suit, or as set forth in section
 
12 480-13(b).
 
13      (b)  Damages to an interactive computer service resulting
 
14 from a violation of this chapter shall be $1,000 or three times
 
15 the actual damages sustained, whichever is greater, plus
 
16 reasonable attorneys' fees and costs of suit."
 
17      SECTION 2.  This Act shall take effect upon its approval.