HB 82: "An Act making certain activities related to commercial electronic mail unlawful as unfair methods of competition or unfair or deceptive acts or practices under the Act enumerating unfair trade practices and consumer protections."
00 HOUSE BILL NO. 82 01 "An Act making certain activities related to commercial electronic mail unlawful as 02 unfair methods of competition or unfair or deceptive acts or practices under the Act 03 enumerating unfair trade practices and consumer protections." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 45.50.471(b) is amended by adding a new paragraph to read: 06 (45) violating AS 45.50.479 (unpermitted commercial electronic mail). 07 * Sec. 2. AS 45.50 is amended by adding a new section to read: 08 Sec. 45.50.479. Limitations on electronic mail. (a) A person may not send 09 commercial electronic mail to another person from a computer located in this state or 10 to an electronic mail address that the sender knows is held by a resident of this state 11 (1) if the sender does not have an existing personal or business 12 relationship with the other person or the resident; 13 (2) without the permission or the request of the other person or the 14 resident;
01 (3) if the commercial electronic mail contains misleading or false 02 information on the origin or routing of the commercial electronic mail; or 03 (4) if the commercial electronic mail contains misleading information 04 in the subject line of the commercial electronic mail. 05 (b) A person may not send unsolicited commercial electronic mail to another 06 person from a computer located in this state or to an electronic mail address that the 07 sender knows is held by a resident of this state if the commercial electronic mail 08 contains information that consists of explicit sexual material that another law provides 09 may only be viewed, purchased, rented, leased, or held by an individual who is 18 10 years of age or older, unless the subject line of the advertisement contains 11 "ADV:ADLT" as the first eight characters. In this subsection, 12 (1) "explicit sexual material" means material that visually or aurally 13 depicts conduct described in AS 11.41.455(a), but is not limited to conduct engaged in 14 by a child under 18 years of age; 15 (2) "unsolicited commercial electronic mail" means commercial 16 electronic mail sent to a person who 17 (A) does not have an existing personal or business relationship 18 with the sender; and 19 (B) has not given permission for or requested the sending of the 20 commercial electronic mail. 21 (c) In this section, "commercial electronic mail" means electronic mail 22 consisting of advertising material for the lease, sale, rental, gift, offer, or other 23 disposition of real property, goods, or services, including an extension of credit.