[Random-bits] Text of Colorado spam bill
James Love
love@cptech.org
Sat, 19 Feb 2000 11:43:48 -0500 (EST)
This is what I got off the Colorado House web page. It does not appear
to be the current version, because it exempts non-profits and political
organizations, and I believe those exemptions have been eliminated.
However, the restrictions on SPAM appear to limited to unsolicited
commercial announcements, which are defined as:
"UNSOLICITED COMMERCIAL ELECTRONIC MAIL MESSAGE"
MEANS AN ELECTRONIC MAIL MESSAGE SENT WITHOUT THE RECIPIENT'S
EXPRESSED PERMISSION FOR THE PURPOSE OF PROMOTING REAL PROPERTY,
GOODS, OR SERVICES FOR SALE OR LEASE;
So it would seem to this layman that the law would not address messages
that were not commerical in content, regardless of who sends them.
Jamie
Second Regular Session
Sixty-second General Assembly
LLS NO. 00-0570.01 Bart Miller HOUSE BILL 00-1309
STATE OF COLORADO
BY REPRESENTATIVES Mitchell, May, Hagedorn, Kester, Takis,
Tupa, Young, and Zimmerman;
also SENATORS Teck, Chlouber, Dennis, and Weddig.
A BILL FOR AN ACT
101 CONCERNING ENACTMENT OF THE "COLORADO JUNK EMAIL LAW", AND,
102 IN CONNECTION THEREWITH, RESTRICTING UNSOLICITED
103 COMMERCIAL ELECTRONIC MAIL MESSAGES.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Enacts the "Colorado Junk Email Law". Defines the terms
"current or prior business relationship", "electronic mail", "electronic
mail service provider", "person", and "unsolicited commercial electronic
mail message" for purposes of this act. Sets forth certain activities, with
respect to the transmission of certain unsolicited commercial electronic
mail messages, that will be violations of this law.
Creates a private civil right of action in the case of violations of
this law. Allows the prevailing party to recover actual damages, attorney
fees, and costs. Also entitles the prevailing party to collect a civil penalty
of $10 for each unsolicited commercial electronic mail message
transmitted in violation of this law.
Upon request, authorizes courts to conduct proceedings under this
law in such a way as to protect the trade secrets of any party and to
protect the security of any computer system or computer software.
Authorizes county courts and small claims courts to enter injunctive relief
in cases filed under this law.
Provides civil immunity for electronic mail service providers that
adopt measures to prevent the transmission of unsolicited commercial
electronic mail messages in violation of this law and provides that no
electronic mail service provider shall be liable for the mere transmission
of bulk, unsolicited commercial electronic mail messages over the
provider's computer network.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. Title 6, Colorado Revised Statutes, is amended BY
3 THE ADDITION OF A NEW ARTICLE to read:
4 ARTICLE 2.5
5 Colorado Junk Email Law
6 6-2.5-101. Short title. THIS ARTICLE SHALL BE KNOWN AND MAY
7 BE CITED AS THE "COLORADO JUNK EMAIL LAW".
8 6-2.5-102. Definitions. AS USED IN THIS ARTICLE, UNLESS THE
9 CONTEXT OTHERWISE REQUIRES:
10 (1) "CURRENT OR PRIOR BUSINESS RELATIONSHIP" MEANS:
11 (a) THE RECIPIENT HAS INDICATED A WILLINGNESS TO RECEIVE
12 COMMERCIAL ELECTRONIC MAIL MESSAGES FROM THAT SENDER; OR
13 (b) THE RECIPIENT HAS PURCHASED OR LEASED REAL PROPERTY,
14 GOODS, OR SERVICES FROM THE SENDER OF THE UNSOLICITED
15 COMMERCIAL ELECTRONIC MAIL MESSAGE, THE MESSAGE FROM THE
16 SENDER DIRECTLY CONCERNS THE PURCHASE OR LEASE, AND THE MESSAGE
17 IS SENT WITHIN THE WARRANTY PERIOD OR WITHIN THIRTEEN MONTHS
18 AFTER THE DATE OF PURCHASE OR LEASE, WHICHEVER PERIOD IS A
19 GREATER LENGTH OF TIME; OR
20 (c) THE RECIPIENT HAS AN ONGOING CONTRACT WITH THE SENDER
21 OF THE UNSOLICITED COMMERCIAL ELECTRONIC MAIL MESSAGE, AND THE
22 MESSAGE FROM THE SENDER DIRECTLY CONCERNS THE ONGOING
23 CONTRACT.
24 (2) "ELECTRONIC MAIL" MEANS AN ELECTRONIC MESSAGE THAT IS
1 TRANSMITTED BETWEEN TWO OR MORE COMPUTERS OR ELECTRONIC
2 TERMINALS. "ELECTRONIC MAIL" INCLUDES ELECTRONIC MESSAGES THAT
3 ARE TRANSMITTED WITHIN OR BETWEEN COMPUTER NETWORKS.
4 (3) "ELECTRONIC MAIL SERVICE PROVIDER" MEANS ANY PERSON
5 THAT IS AN INTERMEDIARY IN SENDING OR RECEIVING ELECTRONIC MAIL
6 AND PROVIDES TO END USERS OF ELECTRONIC MAIL SERVICES THE ABILITY
7 TO SEND OR RECEIVE ELECTRONIC MAIL.
8 (4) "PERSON" SHALL HAVE THE SAME MEANING AS SET FORTH IN
9 SECTION 2-4-401 (8), C.R.S.
10 (5) "UNSOLICITED COMMERCIAL ELECTRONIC MAIL MESSAGE"
11 MEANS AN ELECTRONIC MAIL MESSAGE SENT WITHOUT THE RECIPIENT'S
12 EXPRESSED PERMISSION FOR THE PURPOSE OF PROMOTING REAL PROPERTY,
13 GOODS, OR SERVICES FOR SALE OR LEASE;
14 6-2.5-103. Restrictions on certain commercial electronic mail
15 - violations of article. (1) IT SHALL BE A VIOLATION OF THIS ARTICLE FOR
16 ANY PERSON THAT SENDS AN UNSOLICITED COMMERCIAL ELECTRONIC MAIL
17 MESSAGE TO FAIL TO DISCLOSE THE ACTUAL POINT-OF-ORIGIN ELECTRONIC
18 MAIL ADDRESS OF THE UNSOLICITED COMMERCIAL ELECTRONIC MAIL
19 MESSAGE.
20 (2) IT SHALL BE A VIOLATION OF THIS ARTICLE FOR ANY PERSON
21 THAT SENDS AN UNSOLICITED COMMERCIAL ELECTRONIC MAIL MESSAGE TO
22 FALSIFY ELECTRONIC MAIL TRANSMISSION INFORMATION OR OTHER
23 ROUTING INFORMATION FOR THE UNSOLICITED COMMERCIAL ELECTRONIC
24 MAIL MESSAGE.
25 (3) IT SHALL BE A VIOLATION OF THIS ARTICLE FOR ANY PERSON
26 THAT SENDS AN UNSOLICITED COMMERCIAL ELECTRONIC MAIL MESSAGE TO
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1 USE A THIRD PARTY'S INTERNET ADDRESS OR DOMAIN NAME WITHOUT THE
2 THIRD PARTY'S CONSENT FOR THE PURPOSES OF TRANSMITTING
3 ELECTRONIC MAIL.
4 (4) IT SHALL BE A VIOLATION OF THIS ARTICLE FOR ANY PERSON
5 THAT SENDS A COMMERCIAL ELECTRONIC MAIL MESSAGE TO FAIL TO USE
6 THE EXACT CHARACTERS "ADV:" (THE CAPITAL LETTERS "A", "D", AND
7 "V", IN THAT ORDER, FOLLOWED IMMEDIATELY BY A COLON) AS THE FIRST
8 FOUR CHARACTERS IN THE SUBJECT LINE OF AN UNSOLICITED COMMERCIAL
9 ELECTRONIC MAIL MESSAGE UNLESS THE SENDER:
10 (a) IS A TAX EXEMPT NONPROFIT ORGANIZATION; OR
11 (b) IS A POLITICAL OR POLLING ORGANIZATION; OR
12 (c) IS AN ORGANIZATION USING ELECTRONIC MAIL TO
13 COMMUNICATE EXCLUSIVELY WITH ITS MEMBERS; OR
14 (d) IS AN ORGANIZATION USING ELECTRONIC MAIL TO
15 COMMUNICATE EXCLUSIVELY WITH ITS EMPLOYEES OR CONTRACTORS, OR
16 BOTH; OR
17 (e) HAS A CURRENT OR PRIOR BUSINESS RELATIONSHIP WITH THE
18 RECIPIENT, AS DEFINED IN SECTION 6-2.5-102 (1).
19 (5) IT SHALL BE A VIOLATION OF THIS ARTICLE FOR ANY PERSON
20 THAT SENDS AN UNSOLICITED COMMERCIAL ELECTRONIC MAIL MESSAGE TO
21 FAIL TO PROVIDE A MECHANISM ALLOWING RECIPIENTS TO EASILY REMOVE
22 THEMSELVES FROM THE SENDER'S ELECTRONIC MAIL ADDRESS LISTS SO
23 THAT THEY ARE NOT INCLUDED IN FUTURE MAILINGS. IT SHALL ALSO BE A
24 VIOLATION OF THIS ARTICLE TO SEND UNSOLICITED COMMERCIAL
25 ELECTRONIC MAIL MESSAGES TO ANY PERSON THAT HAS REQUESTED UNDER
26 THIS SUBSECTION (5) TO BE REMOVED FROM THE SENDER'S ELECTRONIC
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1 MAIL LISTS OR TO PROVIDE THE ELECTRONIC MAIL ADDRESS OF ANY SUCH
2 PERSON TO ANY THIRD PARTY, WHETHER OR NOT SUCH THIRD PARTY IS
3 PART OF THE SENDER'S BUSINESS ORGANIZATION.
4 6-2.5-104. Enforcement - civil right of action for damages -
5 civil penalty. (1) IN THE CASE OF ANY VIOLATION OF THIS ARTICLE, ANY
6 PERSON, INCLUDING BUT NOT LIMITED TO ANY ELECTRONIC MAIL SERVICE
7 PROVIDER, MAY FILE A CIVIL ACTION IN A COURT OF COMPETENT
8 JURISDICTION AND MAY, UPON PROOF OF ANY SUCH VIOLATION, RECOVER
9 SUCH SUMS AS ALLOWED UNDER THIS SECTION.
0 (2) (a) IN ANY SUCH ACTION, THE PREVAILING PARTY SHALL BE
1 ENTITLED TO ACTUAL DAMAGES. UPON A SHOWING THAT THE SENDER OF
2 AN UNSOLICITED COMMERCIAL ELECTRONIC MAIL MESSAGE VIOLATED ANY
3 PROVISION OF THIS ARTICLE, WHETHER OR NOT THE VIOLATION RESULTED
4 IN A FINANCIAL LOSS OR INJURY, THE PREVAILING PARTY MAY RECOVER
5 ATTORNEY FEES AND COSTS.
6 (b) IN ANY SUCH ACTION, THE PREVAILING PARTY IS ALSO ENTITLED
7 TO RECOVER AS PART OF THE JUDGMENT A CIVIL PENALTY IN THE AMOUNT
8 OF TEN DOLLARS FOR EACH UNSOLICITED COMMERCIAL ELECTRONIC MAIL
9 MESSAGE TRANSMITTED IN VIOLATION OF THIS ARTICLE.
0 (3) THE REMEDIES, DUTIES, PROHIBITIONS, AND PENALTIES OF THIS
1 SECTION ARE NOT EXCLUSIVE AND ARE IN ADDITION TO ALL OTHER CAUSES
2 OF ACTION, REMEDIES, AND PENALTIES PROVIDED BY LAW.
3 (4) AT THE REQUEST OF ANY PARTY TO AN ACTION BROUGHT
4 PURSUANT TO THIS SECTION, THE COURT MAY, IN ITS DISCRETION,
5 CONDUCT ALL LEGAL PROCEEDINGS IN SUCH A WAY AS TO PROTECT THE
6 SECRECY AND SECURITY OF ANY COMPUTER, COMPUTER NETWORK,
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1 COMPUTER DATA, OR COMPUTER SOFTWARE INVOLVED IN ORDER TO
2 PREVENT POSSIBLE RECURRENCE OF THE SAME OR SIMILAR CONDUCT BY
3 ANOTHER PERSON AND TO PROTECT THE TRADE SECRETS OF ANY PARTY.
4 (5) ELECTRONIC MAIL SERVICE PROVIDERS THAT ADOPT AND
5 IMPLEMENT TERMS, CONDITIONS, AND TECHNICAL MEASURES TO PREVENT
6 THE TRANSMISSION OF UNSOLICITED COMMERCIAL ELECTRONIC MAIL
7 MESSAGES IN VIOLATION OF THIS ARTICLE SHALL BE IMMUNE FROM CIVIL
8 LIABILITY FOR ANY SUCH ACTIONS, AND NO PROVISION OF THIS ARTICLE
9 SHALL BE CONSTRUED TO CREATE ANY LIABILITY FOR SUCH ACTIONS.
10 (6) NO ELECTRONIC MAIL SERVICE PROVIDER SHALL BE LIABLE FOR
11 THE MERE TRANSMISSION OF UNSOLICITED COMMERCIAL ELECTRONIC MAIL
12 MESSAGES OVER THE PROVIDER'S COMPUTER NETWORK.
13 SECTION 2. 13-6-105 (1) (f), Colorado Revised Statutes, is
14 amended to read:
15 13-6-105. Specific limits on civil jurisdiction. (1) The county
16 court shall have no civil jurisdiction except that specifically conferred
17 upon it by law. In particular, it shall have no jurisdiction over the
18 following matters:
19 (f) Original proceedings for the issuance of injunctions, except as
20 provided in section 13-6-104 (5), except as required to enforce restrictive
21 covenants on residential property AND TO ENFORCE THE PROVISIONS OF
22 ARTICLE 2.5 OF TITLE 6, C.R.S., and except as otherwise specifically
23 authorized in this article or, if there is no authorization, by rule of the
24 Colorado supreme court.
25 SECTION 3. 13-6-403 (2) (h), Colorado Revised Statutes, is
26 amended to read:
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1 13-6-403. Jurisdiction of small claims court - limitations.
2 (2) The small claims court shall have no jurisdiction except that
3 specifically conferred upon it by law. In particular, it shall have no
4 jurisdiction over the following matters:
5 (h) Actions involving injunctive relief, except as required to
6 enforce restrictive covenants on residential property AND TO ENFORCE THE
7 PROVISIONS OF ARTICLE 2.5 OF TITLE 6, C.R.S.;
8 SECTION 4. Effective date - applicability. (1) This act shall
9 take effect at 12:01 a.m. on the day following the expiration of the
10 ninety-day period after final adjournment of the general assembly that is
11 allowed for submitting a referendum petition pursuant to article V,
12 section 1 (3) of the state constitution; except that, if a referendum petition
13 is filed against this act or an item, section, or part of this act within such
14 period, then the act, item, section, or part, if approved by the people, shall
15 take effect on the date of the official declaration of the vote thereon by
16 proclamation of the governor.
17 (2) The provisions of this act shall apply to acts occurring on or
18 after the applicable effective date of this act.
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--
James Love, Consumer Project on Technology
v. 1.202.387.8030, fax 1.202.234.5176
love@cptech.org, http://www.cptech.org