Assembly Bill No. 93–Committee on Judiciary

 

(On Behalf of the Cybercrime Taskforce)

 

February 13, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Makes various changes to provision governing electronic mail that includes advertisement. (BDR 3‑267)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to electronic transmissions; providing certain requirements to identify advertisements in electronic mail; increasing liability for improperly transmitting electronic mail that includes an advertisement in certain circumstances; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1.  NRS 41.730 is hereby amended to read as follows:

1-2  41.730  1.  Except as otherwise provided in NRS 41.735, if a

1-3  person transmits or causes to be transmitted to a recipient an item of

1-4  electronic mail that includes an advertisement, the person is liable to

1-5  the recipient for civil damages unless:

1-6  (a) The person has a preexisting business or personal

1-7  relationship with the recipient;

1-8  (b) The recipient has expressly consented to receive the item of

1-9  electronic mail from the person; or

1-10      (c) The advertisement is readily identifiable as promotional, or

1-11  contains a statement providing that it is an advertisement, and

1-12  clearly and conspicuously provides:

2-1       (1) The legal name, complete street address and electronic

2-2  mail address of the person transmitting the electronic mail; [and]

2-3       (2) A notice that the recipient may decline to receive

2-4  additional electronic mail that includes an advertisement from the

2-5  person transmitting the electronic mail and the procedures for

2-6  declining such electronic mail[.

2-7  2.  If] ; and

2-8       (3) The abbreviation “ADV” or the word “advertisement”

2-9  as the first word of the subject line of the electronic mail.

2-10      2.  Unless a greater amount of damages is provided pursuant

2-11  to subsection 3, if a person is liable to a recipient pursuant to

2-12  subsection 1, the recipient may recover from the person:

2-13      (a) Actual damages or damages of [$10] $50 per item of

2-14  electronic mail received, whichever is greater; and

2-15      (b) Attorney’s fees and costs.

2-16      3. If a person is liable to a recipient pursuant to subsection 1

2-17  and the person:

2-18      (a) Disguised the source of the advertisement;

2-19      (b) Used false or misleading information in the subject line of

2-20  the electronic mail;

2-21      (c) Provided a false return address;

2-22      (d) Ignored requests made by the recipient to decline receiving

2-23  additional electronic mail;

2-24      (e) Provided a false address for declining additional electronic

2-25  mail from the person; or

2-26      (f) Obtained the electronic mail address of the recipient

2-27  through a method that was not authorized by the recipient,

2-28  the recipient may recover actual damages or damages of $500 per

2-29  item of electronic mail received, whichever is greater, and

2-30  attorney’s fees and costs.

2-31      4. In addition to any other recovery that is allowed pursuant to

2-32  subsection 2[,] or 3, the recipient may apply to the district court of

2-33  the county in which the recipient resides for an order enjoining the

2-34  person from transmitting to the recipient any other item of electronic

2-35  mail that includes an advertisement.

 

2-36  H