§ 14-3002. Unauthorized, false, or misleading information through electronic mail

   (a) Application. -- This section does not apply to an interactive computer service provider or a telecommunication utility to the extent that the interactive computer service provider or the telecommunication utility merely handles, retransmits, or carries a transmission of commercial electronic mail.

(b) Prohibition. -- A person may not initiate the transmission, conspire with another person to initiate the transmission, or assist in the transmission of commercial electronic mail that:

   (1) Is from a computer in the State or is sent to an electronic mail address that the sender knows or should have known is held by a resident of the State; and

   (2) (i) Uses a third party's Internet domain name or electronic mail address without the permission of the third party;

      (ii) Contains false or misleading information about the origin or the transmission path of the commercial electronic mail; or

      (iii) Contains false or misleading information in the subject line that has the capacity, tendency, or effect of deceiving the recipient.

(c) Presumption. -- A person is presumed to know that the intended recipient of commercial electronic mail is a resident of the State if the information is available on request from the registrant of the Internet domain name contained in the recipient's electronic mail address.

(d) Blocking. -- An interactive computer service provider:

   (1) May block the receipt or transmission through its interactive computer service of commercial electronic mail that it reasonably believes is or will be sent in apparent violation of this section; and

   (2) May not be held liable for an action under item (1) of this subsection that is voluntarily taken in good faith.

HISTORY: 2002, chs. 323, 324.