-Caveat Lector- >Delivered-To: [EMAIL PROTECTED] >Delivered-To: [EMAIL PROTECTED] >Date: Mon, 15 Mar 1999 10:11:52 -0500 >From: "Karl A. Corbett" <[EMAIL PROTECTED]> >Organization: Sasha Corporation >X-Mailer: Mozilla 4.04 [en] (Win95; I) >To: Bill Kalivas <[EMAIL PROTECTED]>, Identity List <[EMAIL PROTECTED]> >Subject: [ID-L] Email and the law >Sender: [EMAIL PROTECTED] >Reply-To: [EMAIL PROTECTED] > >I received a message asking for $1,000 since I had sent an "unsolicited >commercial e-mail". > >A few people quote a section of federal regulations dealing >with fax machines, and attempt to stretch the definition to >include e-mail. Email is not a "telephone fax machine". They >also quite deceptively say that federal regulations contain >penalties for sending unsolicited mail. That is false. They >limit the amount of damages anyone could collect under state >law, if any state law were in force. > >There are no federal laws against email advertising > >The Smith Bill, H.R. 1748. Status: Died in 105th Congress >The Original Murkowski Bill, S. 771. Status: Died in 105th >Congress > The Original Torricelli Bill, S. 875. Status: Died in >105th Congress > The Original Tauzin Bill, H.R. 2368. Status: Died in 105th >Congress > The Murkowski-Torricelli Amendments to S. 1618. Status: >Died in conference. > The Tauzin Bill, H.R. 3888, Died in conference. > The Cook Bill, H.R. 4124. Status: Died in 105th Congress > The Markey Bill, H.R. 4176. Status: Died in 105th Congress > >A state law can only apply to a message both sent and >received within that state. And, limiting the contents or >scope of email on a state level has serious First Amendment >problems. Because of the First Amendment concerns, there >are NO state laws that prohibit commercial use of email with >a legitimate header. > > > >Here's a list of proposed state laws that have gone down in >flames: > > Alaska House Bill 491 (1998) [not enacted] (would have >required unsolicited commercial e-mail messages to be >clearly identifiable as advertisements, to identify the >sender and include opt-out instructions) > > California Assembly Bill 1629 (1998) [enacted 9/26/98] >As passed, does not contain the original language to >prohibit unsolicited e-mail advertisements. > > Colorado House Bill 1284 (1997) [enacted 4/24/97] > (provisions relating to e-mail were deleted prior to >enactment; as introduced, the bill would have regulated >but not prohibited unsolicited e-mail solicitations) > >Connecticut : House Bill 6558 (1997) [not enacted] (passed >by House but not voted upon by Senate; would have prohibited >unsolicited e-mail advertisements) > > Kentucky House Bill 41 (1998) [not enacted] (would have >required unsolicited commercial e-mail messages to identify >the sender and include opt-out instructions) > > >Maryland House Bill 1114 (1998) [not enacted] > (would have prohibited commercial solicitations by >electronic mail) > >Massachusetts House Bill 4581 (1997) [not enacted] >(would have prohibited unsolicited e-mail advertisements) > > Nevada Senate Bill 13 (1997) [enacted 7/8/97] >As passed, does not contain the original language to >prohibit unsolicited e-mail advertisements. > > New Hampshire House Bill 1633 (1997) failed House vote in >March 1998 following unfavorable committee report; would >prohibit unsolicited e-mail advertisements to customers of >ISPs that register with the state as "restricted >solicitation electronic mail > providers") > >New York Senate Bill 3524/Assembly Bill 6805 (1997) [status] > (referred to committees in March 1997; would regulate but >not prohibit unsolicited e-mail advertisements) > > Wisconsin Senate Bill 283 (1997) [not enacted] (would have >broadened existing law prohibiting unsolicited fax >advertisements to also include e-mail) > >Virginia passed legislation February 24th which ONLY >addressed the sending of > unsolicited bulk e-mail with forged headers. > >I hope this research is helpful to you > >Save this and pass it on to anyone who quotes federal >regulations to you. 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