SPAMMERS, READ THIS

The following is a state law from where we are based. If you are a spammer, you will be prosecuted to the full extent of the law. We do not stand for spam, nor will we send out spam.

Maryland House Document 915

An act concerning Commercial Law - Electronic Mail - Unauthorized, false or misleading information

For the purpose of prohibiting a person from initiating or conspiring with another to initiate, or assisting in the transmition of certain commercial electronic mail that is from a certain computer or sent from a certain electronic mail address and that contains unauthorized, misleading, or false information; specifying a certain presumption; authorizing an interactive computer service provider to block certain commercial electronic mail in a certain manner, prohibiting a certain interactive computer service provider from being held liable for certain actions; specifying the scope for certain provisions; providing that a person who violates this Act is liable to certain persons for attorney's fees and certain damages; defining certain terms; and generally relating to the transmission of commercial electronic email.

By adding to Article – Commercial Law 14-2901, 14-2902, and 14-2903 to be under the new subtitle "Subtitle 29. Commercial Electronic Email" Annotated code of Maryland (2000 replacement volume and 2001 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, That the Laws of Maryland read as follows:

HOUSE BILL 915
Article - Commercial Law

Subtitle 29. Commercial Electronic Mail.
14-2901.

(B) (1)In this subtitle, the following words have their meanings indicated. "Commercial Electronic Email" means electronic mail that advertises real property, goods, or services for sale or lease. (2)"Commercial Electronic Mail" does not include electronic mail to which an interactive computer has attached an advertisement in exchange for free use of an electronic mail account.

(C)(1)"Interactive Computer Service Provider" means an information service, system, or access software that provides or enables computer access by multiple users to a computer service. (2)"Interactive Computer Service Provider" Includes a service or system that provides access to the internet and systems operated or services offered by a library or education institution.

14-2902

(A)This section does not apply to an Interactive Computer Service Provider or a Telecommunication Utility to the extent that the Interactive Computer Service Provider or Telecommunication Utility merely handles, retransmits, or carries a transmission of Commercial Electronic Email.

(B)A person may not initiate the transmission, conspire with another person to initiate the transmission, or assist in the transmission of Commercial Electronic Mail that is (1) from a computer in the state or is sent to an Electronic Mail Address that the sender knows or should have known is held by a resident of the State; and (2) (I) uses a third party's Internet Domain Name or Electronic Email Address with out the permission of the third party; (II) contains false or misleading information about the origin or the transmission path of the Commercial Electronic Email; or (III) contains false information in the subject line that has the capacity, tendency, or effect of deceiving the recipient.

(C) A person is presumed to know that the intended recipient of the Electronic Mail is a resident of the state if the information is available on request from the registrant of the Internet Domain Name contained in the recipients Electronic Mail Address.

(D) An Interactive Service Provider; (1) may block the receipt or transmission through its Interactive Computer Service of Commercial Electronic Mail that it reasonably believes is or will be sent in apparent violation of this section; (2) and may not be held responsible for item one (1) of this Subsection that is voluntarily taken of good faith.

14-2903

A person who violates this Subtitle is liable for reasonable Attorney's fees and for damages; (1) To the recipient of the commercial mail, in an amount equal to the grater of $500 or the recipients actual damages; (2) to the third party without whose permission the third party's Internet Domain Name or Electronic Mail Address was used, in the amount equal to the grater of $500 or the third party's actual damages; and (3) to an Interactive Computer Service Provider, in an amount equal to the grater of $1,000 or the Interactive Computer Service Providers actual damages.

Section 2. And be it further enacted, that this Act shall take effect October 1, 2002.