HB 1162

HB 1162 - AS INTRODUCED

AN ACT relative to unsolicited electronic mail.

SPONSORS: Rep. Avery, Ches 8; Rep. Bruno, Hills 4; Rep. C. Moore, Merr 19

This bill makes sending unsolicited electronic mail to certain addresses a violation.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT relative to unsolicited electronic mail.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Chapter; Unsolicited Electronic Mail. Amend RSA by inserting after chapter 359-F the following new chapter:

359-G:1 Unsolicited Commercial Electronic Mail. In this chapter, "Unsolicited commercial electronic mail" includes any material requesting donations or advertising the availability or quality of any property, goods, or services which is transmitted without the recipient's prior express invitation or permission. For purposes of this chapter, a donation to a charitable organization shall be presumed to constitute permission to that organization for 18 months from the date of the donation.

359-G:2 Registration. An Internet service provider, or any other person facilitating the delivery of electronic mail, may register with the consumer protection and antitrust bureau of the department of justice as a restricted solicitation electronic mail provider. The registration shall contain the name of the provider and the preferred method of contacting the provider for additional information pursuant to this chapter. The bureau shall compile a list of all restricted solicitation electronic mail providers and make the list, which shall include the preferred method of contacting each provider, available to any person upon request.

359-G:3 Effect of Registration. It shall be presumed that any address served by a restricted solicitation electronic mail provider does not wish to receive unsolicited commercial electronic mail. By registering, the provider agrees to make available to any person, through its preferred method of contact, a description of how to identify addresses served by the provider and any addresses by the provider that wish to receive unsolicited commercial electronic mail.

359-G:4 Unsolicited Commercial Electronic Mail Prohibited. No person shall send unsolicited commercial electronic mail to an electronic mail address served by a restricted solicitation electronic mail provider unless the address has been designated by the provider as wishing to receive unsolicited commercial electronic mail.

359-G:5 Identification and Opt-Out Provision Required. No person or entity conducting business in this state may send unsolicited commercial electronic mail without identifying the name and address of the sender and providing a toll-free telephone number or valid sender operated return e-mail address that the recipient may call or e-mail to notify the sender not to e-mail any further unsolicited commercial electronic mail. This section applies regardless of whether a recipient uses a restricted solicitation electronic mail provider.

359-G:6 Penalty. The eleventh and any subsequent transmission of electronic mail prohibited by RSA 359-G:4 or 359-G:5 in any calendar year shall be a violation punishable by a fine of up to $100 for each offense, up to a maximum of $10,000.