HOUSE BILL No. 5850


     May 30, 2000, Introduced by Reps. DeHart, Schermesser and Bovin and referred to the Committee on Energy and Technology.


        A bill to regulate unsolicited electronic mail advertise-

   ment; to prescribe the powers and duties of certain state agen-

   cies and officials; and to provide for penalties and remedies.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 1.  As used in this act:

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           (a) "Electronic mail advertisement" means an electronic mail

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      message that directly or indirectly promotes the sale or distri-

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      bution of a good or service to the recipient of the message.

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           (b) "Computer network service provider" or "provider" means

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      a supplier of the technology that enables a registered user to

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      send or receive electronic mail through equipment located within

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      this state.

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           (c) "Initiator" means a person who actually initiates the

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      sending of unsolicited electronic mail advertisement to a

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      registered user.


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           (d) "Person" means an individual, corporation, partnership,

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      association, or any other legal entity.

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           (e) "Registered user" means a person who maintains in this

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      state an electronic mail address with a computer network service

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      provider.

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           (f) "Unsolicited electronic mail advertisement" means an

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      electronic mail advertisement that is both of the following:

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           (i) Addressed to a recipient with whom the initiator does

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      not have an existing business or personal relationship.

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           (ii) Sent to a registered user without that registered

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      user's consent or request.

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           Sec. 2.  (1) A computer network service provider shall

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      establish procedures that restrict or limit the use of its equip-

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      ment in this state to deliver unsolicited electronic mail adver-

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      tisement to a registered user in this state without the consent

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      of the user.

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           (2) The computer network service provider shall submit to

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      the department of attorney general, for the attorney general's

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      review and approval, the procedures established under subsection

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      (1).

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           (3) The attorney general shall review and approve the proce-

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      dures submitted under subsection (2) upon a determination that

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      the policy adequately protects registered users in this state

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      from receiving unsolicited electronic mail.

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           (4) The attorney general may promulgate rules under the

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      administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to

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      24.328, to implement this act.



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           Sec. 3.  A person shall not use or cause to be used a

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      computer network service provider's equipment to deliver an unso-

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      licited electronic mail advertisement to a registered user in

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      this state if that delivery violates the procedures established

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      by the provider and approved by the attorney general under this

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      act.

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           Sec. 4.  (1) Subject to section 5, if a person violates a

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      procedure approved by the attorney general under this act, the

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      attorney general may bring a civil action to recover from that

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      person $50.00 for each electronic mail advertisement delivered in

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      violation of the procedure, up to a total of $25,000.00 per day

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      of the violations.

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           (2) The remedies available under this section are in addi-

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      tion to any other remedy available under law.

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           Sec. 5.  To recover damages under section 4, the attorney

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      general shall establish, by a preponderance of the evidence, that

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      the defendant had notice of both of the following:

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           (a) The computer network service provider's procedure

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      regarding unsolicited electronic mail advertising approved by the

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      attorney general under this act.

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           (b) That the defendant's unsolicited electronic mail adver-

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      tising would use the computer network service provider's equip-

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      ment located in this state in violation of the procedure.











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