Alaska
Alaska enacted a law in May 2003 that requires a label ("ADV:ADLT") at the
beginning of the subject line of any sexually
explicit unsolicited commercial e-mail message, if
the sender knows that the recipient is an Alaska resident.
Arizona
An Arizona law enacted in May 2003 requires that unsolicited commercial e-mail messages
include a label
("ADV:") at the beginning of the subject line, and contain an opt-out mechanism.
Such messages may not contain falsified routing information. The law
prohibits false or misleading subject lines in all commercial e-mail, and
prohibits the use of a third party's Internet address or domain name without
consent in order to make it appear that the third party sent the message. The
law applies if a message is sent from within Arizona, or if the recipient's
service provider is based in or has equipment in Arizona, or if the sender
knows or has reason to know that the recipient is an Arizona
resident.
Arkansas
Under Arkansas laws enacted in April 2001 and April 2003, all commercial and sexually
explicit e-mail messages must include a functioning reply e-mail address and opt-out instructions;
opt-out requests must be honored. Unsolicited sexually
explicit messages must also contain a label ("ADV:ADULT") at the
beginning of the subject line. In addition,
unsolicited commercial and sexually explicit messages must include the
sender's name, physical address, and domain name, and may not use a third
party's domain name without permission, nor misrepresent the point of origin
or routing
information. It is illegal to distribute software designed to falsify
routing information.
California
In September 2003, legislation was approved in California that made it the
second state (after Delaware) to adopt an opt-in rule for e-mail
advertising. Under this legislation, it is illegal to send unsolicited commercial e-mail from
California or to a California e-mail address. The law applies to senders as
well as to advertisers on whose behalf messages are sent. It also includes
less restrictive rules from which the broad prohibition may be severed in the
event that it is struck as unconstitutional. (California's prior law, approved
in September 1998, required opt-out disclosures and subject-line
labels.)
Colorado
The Colorado Junk Email Law, enacted in June 2000, prohibits the
sending of unsolicited commercial e-mail that uses a
third party's Internet address or domain name without permission, or contains
false or missing routing information. Unsolicited
commercial e-mail messages must contain a label ("ADV:") at the beginning of
the subject line,
and must include the sender's e-mail address and opt-out instructions; opt-out
requests must be honored. The law applies to e-mail that is sent to Colorado
residents via a provider's service or equipment located in Colorado.
Connecticut
A Connecticut law enacted in June 1999 makes it illegal to send unsolicited bulk e-mail containing
falsified routing
information in violation of a provider's policies, or to distribute
software designed to falsify routing information. A court may exercise
personal jurisdiction over a nonresident who uses a computer or computer
network located in Connecticut.
Delaware
Under legislation approved in July 1999, it is illegal to send unsolicited bulk commercial e-mail, to send
unsolicited bulk e-mail containing falsified routing information, or to
distribute software designed to falsify routing information. The law applies
to messages originating outside the state if the recipient is located in
Delaware and the sender is aware of facts making the recipient's presence in
Delaware a reasonable possibility.
Florida
Florida has not enacted spam legislation, although a Florida bar rule (Fla.
R.P.C. 4-7.6(c)(3)) requires attorneys who advertise via unsolicited
e-mail to put "legal advertisement" in the subject line.
Idaho
A law approved in April 2000 requires that unsolicited bulk commercial e-mail messages
must include an e-mail address for opt-out requests and requires
senders to honor opt-out requests. Such messages may not use a third party's
name for the return address without permission, and must contain accurate routing
information.
Illinois
Legislation approved in July 1999 makes it illegal to send an unsolicited commercial e-mail message
using a third party's domain name without permission; containing falsified routing information;
or with a false or misleading subject line. The law was
amended in July 2003 to require inclusion of the sender's valid reply e-mail address or toll-free
telephone number for opt-out requests, along with a label ("ADV:" or
"ADV:ADLT") at the beginning of the subject line. The law applies to e-mail
that is delivered to an Illinois resident via a provider's facilities located
in Illinois. A separate provision makes it illegal to send unsolicited bulk e-mail with
falsified routing information or to distribute software designed to falsify
routing information.
Indiana
An Indiana law approved in April 2003 prohibits commercial e-mail that uses a
third party's domain name without permission, includes a false or misleading subject line, or
misrepresents its point of origin or other routing information. Unsolicited
commercial e-mail messages must include a label ("ADV:" or "ADV:ADLT") at
the beginning of the subject line, along with opt-out instructions. The law
applies to messages sent from outside Indiana if the sender knows that the
recipient is an Indiana resident, or if that information is available upon
request from the registrant of the domain name contained in the recipient's
e-mail address.
Iowa
An Iowa law approved in May 1999 prohibits the sending of unsolicited bulk e-mail that uses a third
party's name for the return address without
permission, or contains false or missing routing information. Unsolicited
bulk commercial
e-mail messages must include opt-out instructions and contact
information, and opt-out requests must be honored. The law applies to e-mail
that is sent to or through a computer network located in
Iowa.
Kansas
Under a Kansas law enacted in May 2002, commercial e-mail messages
may not contain falsified routing information, use a third
party's domain name without permission, or have a false or misleading subject line. Senders
of commercial e-mail messages must include opt-out instructions and honor
opt-out requests. Unsolicited bulk commercial e-mail messages
(500 or more recipients) and advertisements for sexually explicit content must
contain a label
("ADV:" or "ADV:ADLT") at the beginning of the subject line. The law applies
if a message is sent from within Kansas, or if the sender knows that the
recipient is a Kansas resident. The law also prohibits the distribution of
software designed to falsify routing information.
Kentucky
Kentucky has not enacted spam legislation. A Kentucky Supreme Court rule
(Ky. Sup.
Ct. R. 3.130(7.09)(3), as amended effective January 2002) requires
attorneys who advertise via written, recorded, or electronic communication
targeted at potential clients to include the words "THIS IS AN ADVERTISEMENT"
prominently in each communication.
Louisiana
A Louisiana law approved in July 1999 makes it illegal to send unsolicited bulk commercial e-mail to more
than 1,000 recipients if the e-mail messages contain falsified routing information or the
sender uses a provider's facilities to
transmit the messages in violation of the provider's policies. The law also
prohibits the distribution of software designed to falsify routing
information. Louisiana's obscenity law was amended in June 2003 to cover
electronic communications. Commercial e-mail messages with sexually explicit
content must include a label ("ADV-ADULT") at the
beginning of the subject line.
A Louisiana bar rule (Rules of Professional Conduct, Rule 7.2(b)(iii)(B)) was
amended in November 2001 to require attorneys who advertise via unsolicited
e-mail targeted at potential clients to use a subject line that states "This
is an advertisement for legal services."
Maine
Maine enacted legislation in May 2003 that requires unsolicited commercial e-mail to contain
a label ("ADV:" or
"ADV:ADLT") at the beginning of the subject line, and include the
sender's name and valid e-mail address and opt-out instructions; opt-out
requests must be honored. Such messages may not use a third party's Internet
address or domain name without permission, nor contain falsified routing information. The law
applies to messages sent to two or more recipients within the
state.
Maryland
Under a Maryland law enacted in May 2002, it is illegal to send a commercial e-mail
message that uses a third party's domain name without permission; that
contains false or missing routing information; or with a
false or misleading subject line. The law applies if
a message is sent from within Maryland; if the sender knows that the recipient
is a Maryland resident; or if the registrant of the domain name contained in
the recipient's address will confirm upon request that the recipient is a
Maryland resident.
Michigan
Unsolicited commercial
e-mail messages must include the sender's legal name, street address, domain
name, and valid return e-mail address, along with
an opt-out
mechanism; a label
("ADV:") must appear at the beginning of the subject line. These provisions
apply if a message is sent through an e-mail service provider that the sender
knows or should know is located in Michigan, or to an e-mail address that the
sender knows or should know is held by a Michigan resident. In addition,
unsolicited commercial e-mail messages sent through Michigan providers or to
Michigan residents may not misstate the point or origin or routing information. The law
also prohibits the distribution and possession of software designed to falsify
routing information.
Minnesota
A Minnesota law enacted in May 2002 prohibits commercial e-mail that uses a
third party's domain name without permission, contains false routing information; or has a
false or misleading subject line. Such messages must
contain opt-out
instructions and contact information. Unsolicited commercial
e-mail messages must contain a label ("ADV:" or "ADV-ADULT") at
the beginning of the subject line. The law applies to messages sent to
Minnesota residents through facilities located in
Minnesota.
Missouri
A Missouri law enacted in June 2000 requires unsolicited commercial e-mail messages to
contain opt-out
instructions and contact information. Additional provisions enacted in July
2003 prohibit false or misleading subject lines, require a label ("ADV:" or
"ADV:ADLT") at the beginning of the subject line, and require senders to honor
opt-out requests.
Nevada
In July 1997 Nevada became the first state to enact spam legislation. As
amended in 2001 and 2003, Nevada law provides that it is illegal to send unsolicited commercial e-mail
unless it is labeled
"ADV" or "ADVERTISEMENT" at the beginning of the subject line, and includes the
sender's name, street address, and e-mail address, along with opt-out instructions. Nevada law
prohibits all unsolicited e-mail that contains falsified routing information; that is
sent with the intent to disrupt the normal operation or use of a computer,
Internet site, or e-mail address; or that is reasonably likely to cause such
disruption. The state also prohibits the distribution of software that is
designed to falsify routing information.
New
Mexico
New Mexico enacted legislation in April 2003 requiring that unsolicited commercial e-mail
messages contain a label ("ADV:" or "ADV:ADLT") at
the beginning of the subject line, and opt-out instructions at the top
of the message body.
North
Carolina
Legislation approved in June 1999 makes it illegal to send unsolicited bulk commercial e-mail containing
falsified routing
information, if the sender thereby violates a provider's policies. The law applies to
e-mail sent into or within the state.
North
Dakota
A North Dakota law enacted in April 2003 prohibits the sending of unsolicited commercial e-mail
messages that contain a false or misleading subject line, use a third
party's domain name without permission, or misrepresent the point of origin or routing
information. All commercial e-mail messages must include an opt-out mechanism. In addition,
unsolicited commercial messages must contain a label ("ADV" or "ADV-ADULT") at
the beginning of the subject line. The law applies to messages sent from
outside the state if the sender knows that the recipient is a North Dakota
resident, or if that information is available upon request from the registrant
of the domain name contained in the recipient's e-mail address.
Ohio
An Ohio law approved in August 2002 requires unsolicited commercial e-mail messages to
contain the sender's name, address, and e-mail address, along with opt-out instructions,
and requires senders to honor out-out requests; these requirements do not
apply to messages sent based upon a "direct referral" from another person. It
is illegal to forge the sender's address or other routing information in
commercial e-mail messages. The law also enables a provider to sue a sender of
commercial e-mail for violating the provider's policies if (1) the sender had
actual notice of
such policies, or (2) the policies were posted on the provider's web site and
were communicated electronically to the sender's computer.
Oklahoma
An Oklahoma law approved in June 1999 and amended in April 2003 makes it
illegal to send an e-mail message that contains false or missing routing information, or to
distribute software designed to falsify such information. Unsolicited commercial e-mail messages
must include a label
("ADV:" or "ADV-ADULT:") at the beginning of the subject line, and must contain opt-out
instructions. Such messages may not contain a false or misleading subject
line, nor use a third party's Internet address or domain name in order to make
it appear that the third party sent the message. A court may exercise personal
jurisdiction over a nonresident who sends a message to or through the network
of a provider located in Oklahoma.
Oregon
Oregon approved legislation regulating unsolicited commercial e-mail in
September 2003. (A summary of this legislation is being prepared.)
Pennsylvania
Under Pennsylvania laws approved in June 2000 and December 2002, unsolicited commercial e-mail
may not use a third party's domain name without permission or include a false
or misleading subject line, and must include a
valid reply address
and an opt-out
mechanism. Sexually explicit unsolicited commercial e-mail must contain a label ("ADV-ADULT") at
the beginning of the subject line. In addition, falsification of routing information in
unsolicited e-mail is unlawful, as is the distribution of software designed to
facilitate falsification of routing information.
Rhode
Island
Under legislation approved in July 1999, it is illegal to send unsolicited bulk e-mail with
falsified routing
information using a Rhode Island provider in violation of the
provider's policies, or to distribute
software designed to falsify routing information. A separate law requires
unsolicited commercial e-mail messages to
include opt-out
instructions and contact information, and opt-out requests must be honored; it
is illegal to send unsolicited commercial e-mail using a third party's domain
name without permission or containing false routing information. This law
applies to messages sent from a computer located in Rhode Island and to
messages sent into the state, if the sender had reason to know that the
recipient was a Rhode Island resident or the recipient had previously
submitted an opt-out request to the sender.
South
Dakota
Legislation approved in February 2002 prohibits sending commercial e-mail that
misrepresents or obscures its point of origin or routing information, or contains
a false or misleading subject line. The law applies if
a message is sent from within South Dakota; if the sender knows that the
recipient is a South Dakota resident; or if the registrant of the domain name
contained in the recipient's address will confirm upon request that the
recipient is a South Dakota resident. Unsolicited commercial
e-mail messages must contain a label ("ADV:" or "ADV:ADLT") at
the beginning of the subject line.
Tennessee
Under legislation approved in June 1999, unsolicited bulk commercial e-mail messages
must include opt-out instructions and contact
information, and opt-out requests must be honored. Certain messages must
contain a label
("ADV:" or "ADV:ADLT") at the beginning of the subject line. The law applies to
e-mail that is delivered to a Tennessee resident via a provider's facilities located
in Tennessee. The distribution of software designed to falsify routing information is also
prohibited. (Use "without authority" is defined to
include sending unsolicited bulk e-mail in violation of a provider's policies, although
the statute does not provide any consequences for such
use.)
Texas
Texas enacted legislation in June 2003 requiring that unsolicited commercial e-mail messages
include a label
("ADV:" or "ADV: ADULT ADVERTISEMENT") at the beginning of the subject line, and a functioning
return e-mail address for opt-out requests, which must be
honored. The law prohibits unsolicited commercial messages with falsified routing information.
False, deceptive, or misleading subject lines are prohibited in all commercial
e-mail messages, as is the unauthorized use of a third party's domain
name.
Utah
Legislation enacted in March 2002 applies to unsolicited commercial e-mail and
unsolicited sexually explicit e-mail that is sent through a provider in Utah or to a
resident of Utah. Such messages must disclose the sender's name and physical
address, and the point of origin of the message; and must include a label ("ADV:" or
"ADV:ADULT") at the beginning of the subject line, along with opt-out instructions.
The law also prohibits the falsification of routing information in such
messages.
Virginia
Legislation approved in March 1999 makes it illegal to send unsolicited bulk e-mail containing falsified routing information,
if the sender thereby violates a provider's policies, or to distribute
software designed to falsify routing information. A court may exercise
personal jurisdiction over a nonresident who uses a computer or computer
network located in Virginia. The law was amended in April 2003 to increase the
penalties for sending a high volume of messages containing falsified routing
information.
Washington
Under a Washington state law enacted in March 1998 and amended in May 1999,
it is illegal to send a commercial e-mail message
that uses a third party's domain name without permission; that contains false
or missing routing
information; or with a false or misleading subject line. The law applies if
a message is sent from within Washington; if the sender knows that the
recipient is a Washington resident; or if the registrant of the domain name
contained in the recipient's address will confirm upon request that the
recipient is a Washington resident.
West
Virginia
A law enacted in March of 1999 makes it illegal to send unsolicited bulk e-mail messages in violation
of a provider's
policies that use
a third party's domain name without permission, misrepresent the point of
origin or other routing information, have a
false or misleading subject line, or contain
sexually explicit materials. Each message must include the sender's name and
return e-mail address, along with the date and time it was sent. It is also
illegal to distribute software designed to falsify routing information. The
law applies if a message is sent from a computer located in West Virginia, or
if the sender knows or has reason to know that the recipient is a resident of
West Virginia.
Wisconsin
In June 2001 Wisconsin enacted a statute that requires unsolicited commercial e-mail messages
that contain obscene material or depict sexually explicit conduct to include
the words "ADULT
ADVERTISEMENT" in the subject line. A separate
Wisconsin statute prohibits e-mail harassment (Wis.
Stat. § 947.0125), but does not appear to apply to most unsolicited
bulk or commercial e-mail.
Wyoming
A Wyoming law approved in March 2003 (effective July 1, 2003) prohibits commercial e-mail
that uses a third party's domain name without permission, includes a false or
misleading subject
line, or misrepresents its point of origin or other routing information. It is
unlawful to assist in the transmission of such messages, which apparently
includes operating an open relay. The law applies
to messages sent from outside Wyoming if the sender knows that the recipient
is a resident of Wyoming or a jurisdiction with a similar law, or if that
information is available upon request from the registrant of the domain name
contained in the recipient's e-mail address.
