Introduced
by
To require senders of unsolicited commercial e-mail (“spam”) or unsolicited sexually explicit e-mails to Michigan residents to conspicuously state in the e-mail the sender's legal name, correct street address, a functioning return electronic address, and a valid internet domain name. The message would be required to include in a subject line "ADV:" as the first four characters for a commercial e-mail, or "ADV:ADULT" as the first nine characters of a sexually explicit e-mail. Also, senders would be required to provide a convenient, no-cost mechanism to notify the sender not to send any future e-mail to the recipient, and for sexually explicit e-mail, a toll-free telephone number to call to be excluded from future mailings. The bill also prohibits the transfer of software which has the purpose of enabling the falsification of e-mail transmission or routing information. Penalties of up to a $5,000 fine and one year in jail are provided. Recipients of unsolicited e-mails, or Internet service providers, would be able to sue for the lesser of the actual damages, $10 per unsolicited message, or $25,000 for each day a violation occurs, plus legal costs.
Referred to the Committee on Technology and Energy
Reported without amendment
With the recommendation that the substitute (S-4) be adopted and that the bill then pass.
Substitute offered
To replace the previous version of the bill with one which would require the Department of Consumer and Industry Services to establish a "do not spam" list. People could place their e-mail address on the list for three years, and spammers would be prohibited from e-mailing to those addresses. The list would be paid for with revenue from fees, fines, and penalties imposed on spammers. The substitute proposes higher penalties against spammers who violate the bill's provisions, including higher damages payable to spam recipients. It contains other provisions similar to <a href="http://www.michiganvotes.org/2003-HB-4519">House Bill 4519</a>.
The substitute passed by voice vote
Passed in the Senate 37 to 0 (details)
Require the Department of Consumer and Industry Services to establish a "do not spam" list. Senders of unsolicited commercial e-mail would be required to register and pay a fee. People could place their e-mail address on the list for three years, and spammers would be prohibited from e-mailing to those addresses. The list would be paid for with revenue from fees, fines, and penalties imposed on spammers. Senders would be required to include in the e-mail a subject line containing “ADV:” as the first four characters, contact information, and a valid method for recipients to opt out of receiving future e-mails. Penalties of up to a $10,000 fine and one year in jail are provided. The Attorney General, recipients of spam, or Internet service providers could sue for actual damages, $500 per unsolicited message, or $250,000 for each day a violation occurs, plus legal costs. See also <a href="http://www.michiganvotes.org/2003-HB-4519">House Bill 4519.
Referred to the Committee on Energy and Technology
