00                      CS FOR HOUSE BILL NO. 82(L&C)                                                                     
01 "An Act making certain activity related to commercial electronic mail unlawful and an                                   
02 unfair method of competition or an unfair or deceptive act or practice 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 (limitations on electronic mail).                                          
07    * Sec. 2.  AS 45.50 is amended by adding a new section to read:                                                    
08            Sec. 45.50.479.  Limitation on electronic mail.  (a)  A person may not send                                
09       unsolicited commercial electronic mail to another person from a computer located in                               
10       this state or to an electronic mail address that the sender knows is held by a resident of                        
11       this state if the commercial electronic mail contains information that consists of                                
12       explicit sexual material that another law provides may only be viewed, purchased,                                 
13       rented, leased, or held by an individual who is 18 years of age or older, unless the                              
14       subject line of the advertisement contains "ADV:ADLT" as the first eight characters.                              

01            (b)  In (a) of this section,                                                                                 
02                 (1)  "commercial electronic mail" means electronic mail consisting of                                   
03       advertising material for the lease, sale, rental, gift, offer, or other disposition of real                       
04       property, goods, or services, including an extension of credit;                                                   
05                 (2)  "explicit sexual material" means material that visually or aurally                                 
06       depicts conduct described in AS 11.41.455(a), but is not limited to conduct engaged in                            
07       by a child under 18 years of age;                                                                                 
08                 (3)  "unsolicited commercial electronic mail" means commercial                                          
09       electronic mail sent to a person who                                                                              
10                      (A)  does not have an existing personal or business relationship                                   
11            with the sender; and                                                                                         
12                      (B)  has not given permission for or requested the sending of the                                  
13            commercial electronic mail.