2005 Idaho Code - 48-603E — UNFAIR BULK ELECTRONIC MAIL ADVERTISEMENT PRACTICES

                                  TITLE  48
                        MONOPOLIES AND TRADE PRACTICES
                                  CHAPTER 6
                           CONSUMER PROTECTION ACT
    48-603E.  UNFAIR BULK ELECTRONIC MAIL ADVERTISEMENT PRACTICES. (1) For
purposes of this section, unless the context otherwise requires:
    (a)  "Bulk electronic mail advertisement" means an electronic message,
    containing the same or similar advertisement, which is contemporaneously
    transmitted to two (2) or more recipients, pursuant to an internet or
    intranet computer network.
    (b)  "Computer network" means a set of related, remotely connected devices
    and communication facilities, including two (2) or more computers, with
    the capability to transmit data among them through communication
    facilities.
    (c)  "Interactive computer service" means an information service, system
    or access software provider that provides or enables computer access by
    multiple users to a computer server, including specifically a service or
    system that provides access to the internet, and such systems operated or
    services offered by a library or an educational institution.
    (d)  "Recipient" means a person who receives any bulk electronic mail
    advertisements.
    (2)  Any person who uses an interactive computer service to initiate or
cause the sending or transmittal of any bulk electronic mail advertisement
shall provide an electronic mail address readily identifiable in the bulk
electronic mail advertisement to which the recipient may send a request for
declining such mail.
    (3)  It is unlawful for a person to use an interactive computer service to
initiate or cause the sending or transmittal of any bulk electronic mail
advertisement to any recipient that the sender knows, or has reason to know,
engages in any of the following:
    (a)  Uses the name of a fictitious name of a third party in the return
    address field without the permission of the third party.
    (b)  Misrepresents any information in identifying the point of origin of
    the transmission path of the bulk electronic mail advertisement.
    (c)  Fails to contain information identifying the point of origin of the
    transmission path of the bulk electronic mail advertisement.
    (d)  Sends or transmits, at any time after five (5) business days of a
    declination, any bulk electronic mail advertisement to a recipient who
    provided the sender with a request declining the receipt of such
    advertisements.
    (4)  Pursuant to section 48-608, Idaho Code, a recipient that receives a
bulk electronic mail advertisement in violation of this section may bring an
action to recover actual damages. The recipient, in lieu of actual damages,
may elect to recover from the person transmitting or causing to be transmitted
such bulk electronic mail advertisement the greater of one hundred dollars
($100) for each bulk electronic mail advertisement transmitted to the
recipient in violation of this section or one thousand dollars ($1,000).
    (5)  This section does not apply to any of the following:
    (a)  A person, including an interactive computer service, who provides
    users with access to a computer network, and as part of that service,
    transmits electronic mail on behalf of those users, unless such person
    transmits bulk electronic mail advertisements on behalf of those users
    which the person knows, or should have known, were transmitted in
    violation of this section.
    (b)  Electronic mail advertisements which are accessed by the recipient
    from an electronic bulletin board.
    (c)  A person who provides users with access at no charge to electronic
    mail, including receiving and transmitting bulk electronic mail
    advertisements, and, as a condition of providing such access, requires
    such users to receive unsolicited advertisements.
    (d)  The transmission of bulk electronic mail advertisements from an
    organization or similar entity to the members of such organization.
    (6)  An interactive computer service is not liable under this section for
an action voluntarily taken in good faith to block or prevent the receipt or
transmission through its service of any bulk electronic mail advertisement
which is reasonably believed to be in violation of this section.