HB 401: "An Act relating to computer networks and to electronic mail advertisements."
00HOUSE BILL NO. 401 01 "An Act relating to computer networks and to electronic mail advertisements." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 11.46.480(a) is amended to read: 04 (a) A person commits the crime of criminal mischief in the first degree if, 05 having no right to do so or any reasonable ground to believe the person has such a 06 right, 07 (1) with intent to cause a substantial interruption or impairment of a 08 service rendered to the public by a utility or by an organization that [WHICH] deals 09 with emergencies involving danger to life or property, or rendered to the public by 10 another person over a computer network, the person damages or tampers with 11 property of that utility , [OR] organization , or person and causes substantial 12 interruption or impairment of service to the public; 13 (2) with intent to damage property of another by the use of widely 14 dangerous means, the person damages property of another in an amount exceeding
01 $100,000 by the use of widely dangerous means; 02 (3) the person intentionally damages an oil or gas pipeline or 03 supporting facility; or 04 (4) with intent to cause physical injury to another person, the person 05 [:] 06 (A) tampers with an item that is a food, drug, or cosmetic or a 07 container for the item; or 08 (B) delivers, dispenses, or distributes an item described in (A) 09 of this paragraph knowing that a person has tampered with the item. 10 * Sec. 2. AS 11.46.490(7) is amended to read: 11 (7) "utility" means an enterprise, whether publicly or privately owned 12 or operated, that [WHICH] provides gas, electric, steam, water, sewer, or 13 communications service, and any common carrier; in this paragraph, 14 "communications service" includes Internet service providers and the Internet 15 and its ancillary services; 16 * Sec. 3. AS 45.50.471(b) is amended by adding a new paragraph to read: 17 (43) violating AS 45.50.479 (unsolicited electronic mail 18 advertisements). 19 * Sec. 4. AS 45.50 is amended by adding a new section to read: 20 Sec. 45.50.479. Provider's restriction on use of electronic mail service. (a) 21 A registered user of an electronic mail service may not use or cause to be used the 22 provider's service or equipment in violation of the provider's published policy 23 prohibiting or restricting the use of its service or equipment for the initiation of 24 unsolicited advertisements. 25 (b) A person may not, by initiating an unsolicited advertisement, use or cause 26 to be used the service or equipment of an electronic mail service provider in violation 27 of the provider's published policy prohibiting or restricting the use of its service or 28 equipment to deliver unsolicited advertisements. 29 (c) This section may not be interpreted to require an electronic mail service 30 provider to adopt a policy prohibiting or restricting the use of its service or equipment 31 for the initiation or delivery of unsolicited advertisements.
01 (d) An electronic mail service provider is considered to have published the 02 provider's policy on unsolicited advertisements if the provider 03 (1) makes the policy available on request in written form at no charge 04 to the requester; or 05 (2) displays the policy through an on-line notice on the provider's 06 Internet home page or on a page accessible through a conspicuous link on the 07 provider's Internet home page. 08 (e) In this section, 09 (1) "advertisement" means an electronic mail message, the principal 10 purpose of which is to promote, directly or indirectly, the sale or other distribution of 11 real property, goods, or services; 12 (2) "electronic mail" means a message, a file, or other information that 13 is transmitted through a local, regional, or global network, regardless of whether the 14 message, file, or other information is 15 (A) viewed; 16 (B) stored for retrieval at a later time; 17 (C) printed onto paper or other similar material; or 18 (D) filtered or screened by a computer program that is designed 19 or intended to filter or screen items of electronic mail; 20 (3) "electronic mail service provider" or "provider" means a business 21 or organization qualified to do business in the state that provides registered users with 22 the ability to send or receive electronic mail; 23 (4) "initiation" of an unsolicited advertisement refers to the action by 24 the initial sender of the advertisement; it does not refer to the actions of any 25 intervening electronic mail service providers that may handle or retransmit the 26 electronic message; 27 (5) "network" means a network made up of one or more computers that 28 may be accessed by a modem, electronic or optical technology, or other similar means; 29 (6) "recipient" means a person who receives an item of electronic mail; 30 (7) "registered user" means an individual, corporation, or other person 31 that maintains an electronic mail address with an electronic mail service provider;
01 (8) "unsolicited advertisement" means an electronic mail advertisement 02 that is 03 (A) addressed to a recipient with whom the initiator does not 04 have an existing business or personal relationship; and 05 (B) not sent at the request of or with the express consent of the 06 recipient.