To print this page, select "Print" from the File menu of your browser salon.com > Technology April 19, 2000 URL: http://www.salon.com/tech/feature/2000/04/19/state_spam States outlaw spam At least 18 states have enacted or are working on legislation that would impose stiff penalties on commercial e-mailers who engage in unsavory tactics. - - - - - - - - - - - - By Damien Cave If laws could stop spam, we'd probably get a lot less e-mail. Several state legislatures began trying to regulate commercial e-mail in 1997 and, even as a federal anti-spam bill heads to the House, more states are writing their own legislation -- complete with pricy penalties for violating the law. The following is a summary of state laws that have been enacted or are moving through state legislatures. California: Three laws collectively require that unsolicited commercial e-mail include "ADV:" (an abbreviation for "advertisement") or "ADV:ADLT" in the subject line and that the sender's contact information not be falsified. ISPs can sue for $50 per message, up to $25,000 per day. Activists are also pushing to get a "ban spam" initiative on the fall ballot. Colorado: A bill making its way through the state legislature would forbid senders of unsolicited commercial e-mail from falsifying contact information, require ads to be tagged "ADV" in the subject line and offer a free opt-out mechanism. Spam recipients and ISPs could sue for $10 per message plus actual damages. Connecticut: Existing law prohibits software that falsifies routing information and unsolicited advertisements that contain falsified routing information. Gives ISPs the right to actual damages or $200, whichever is greater. Delaware: Prohibits software that falsifies routing information and unsolicited advertisements containing falsified routing information. The law doesn't specify damages; it makes spam a misdemeanor and exempts ISPs from liability for the transmission of spam. Hawaii: Three bills are pending on the subject of unsolicited electronic mail. Only one of them, Senate Bill 2352 has been passed by the Senate. It criminalizes spam as "computer fraud" and allows for civil suits and the recovery of actual damages. Idaho: A bill currently before the Senate would prohibit unsolicited advertisements that contain false contact information. It would allow recipients to sue for actual damages, $100 per message, or $1,000, whichever is greater. Iowa: The law prohibits the dissemination of e-mail with a forged return address and lets recipients recover actual damages, $10 per message or $500 per suit, whichever is greater. ISPs can sue for actual damages, $10 per message or $25,000 per suit, whichever is greater. Illinois: Current legislation outlaws unsolicited commercial e-mail that uses a third party's domain name without permission, or contains falsified routing information or a misleading subject line. Individuals and ISPs can recover damages or $10 per message, up to $25,000 per day, whichever is smaller. Several bills -- HB 3318, HB 2718, HB 1123, HB 2819 -- are pending. Maryland: A bill under consideration would prohibit a person from sending unsolicited commercial e-mail and/or knowingly falsifying or forging routing information. Nebraska: A bill to ban unsolicited e-mail failed in committee, but a legislative study of spam is being pursued. Nevada: The state enacted the first spam law in 1997, which makes it illegal to send unsolicited commercial e-mail unless it is labeled and has opt-out instructions. North Carolina: Legislation prohibits unsolicited commercial e-mail; it considers forged contact information to be "computer trespass" and gives ISPs and spam recipients the right to sue for damages, $10 per message, or $25,000 per day, whichever is smaller. Oklahoma: The state prohibits forgery of e-mail headers or other information in connection with spamming, and allows recipients and ISPs to sue for actual damages, $10 per message or $25,000 per day, whichever is smaller. Rhode Island: One of the strictest states, Rhode Island has criminalized e-mail forgery and header falsification, and requires senders to give either a valid e-mail address or toll-free number to call for removal. ISPs and recipients can sue for $500 per message, up to $25,000 per day and spammers can also be liable to the state, with fines of up to $5,000 and imprisonment up to five years. Tennessee: The law requires unsolicited commercial e-mail to be tagged with "ADV" or "ADV: ADLT" in the subject line. Also, senders must include a valid e-mail address or toll-free number. ISPs and individuals can sue for actual damages, or $10 per message, up to $25,000 per day, whichever is smaller. Virginia: Legislation prohibits forgery of e-mail addresses and outlaws bulk e-mail software. Recipients can sue for actual damages or the lesser of $10 per message or $25,000 per day. ISPs can sue for actual damages or the greater of $10 per message or $25,000 per day. Washington: A judge challenged the state's anti-spam law last month, claiming that it was unconstitutional; the state attorney general then filed an appeal. As the law stands, it prohibits unsolicited commercial e-mail with a false header, domain name or misleading subject line. Recipients can recover actual damages or $500 per message, whichever is greater. ISPs can sue for actual damages or $1,000 per message, whichever is greater. West Virginia: The state prohibits "sexually explicit materials" in unsolicited e-mails and falsification of return addresses; it also outlaws software that falsifies data. Recipients can sue for actual damages or $1,000 per violation. ISPs can win actual damages or $10 per message or $25,000 per day, whichever is greater. salon.com | April 19, 2000   - - - - - - - - - - - - About the writer Damien Cave is a staff writer for Salon Technology.