BILL NUMBER: SB 772	CHAPTERED  09/22/02

	CHAPTER  783
	FILED WITH SECRETARY OF STATE  SEPTEMBER 22, 2002
	APPROVED BY GOVERNOR  SEPTEMBER 21, 2002
	PASSED THE SENATE  AUGUST 30, 2002
	PASSED THE ASSEMBLY  AUGUST 29, 2002
	AMENDED IN ASSEMBLY  AUGUST 20, 2002
	AMENDED IN ASSEMBLY  AUGUST 15, 2002
	AMENDED IN ASSEMBLY  AUGUST 12, 2002
	AMENDED IN SENATE  APRIL 19, 2001
	AMENDED IN SENATE  MARCH 27, 2001

INTRODUCED BY   Senator Bowen
   (Principal coauthor:  Assembly Member Reyes)

                        FEBRUARY 23, 2001

   An act to add Section 17538.35 to the Business and Professions
Code, relating to electronic mail.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 772, Bowen.  Electronic mail:  service providers.
   Existing law regulates the sending of unsolicited electronic mail
advertisements.
   This bill would require an electronic mail service provider, as
defined, to give each customer notice at least 30 days prior to
permanently terminating the customer's electronic mail address,
unless otherwise provided by law or contract.  The bill would
prohibit a contract from permitting termination of service without
cause with less than a 30-day notice.  The bill would provide that it
supersedes and preempts all local agency provisions regarding notice
of electronic mail termination by providers of electronic mail
service.  The bill would also provide that its provisions would
become inoperative if a federal law or regulation is enacted
regulating notice requirements in the event of termination of
electronic mail service.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 17538.35 is added to the Business and
Professions Code, to read:
   17538.35.  (a) Unless otherwise permitted by law or contract, any
provider of electronic mail service shall provide each customer with
notice at least 30 days before permanently terminating the customer's
electronic mail address.
   (b) No contract for electronic mail service may permit termination
of service without cause with less than a 30-day notice.  For
purposes of this subdivision, "termination of service without cause"
means termination of service at the unfettered discretion of the
service provider without regard to any conduct of the customer that
violates the service provider's terms of service or acceptable use
policy.
   (c) For purposes of this section, "provider" shall mean the entity
that controls the customer's electronic mail address, and not the
entity making the underlying network or access available to the
provider or the customer.
   (d) No provider shall be liable under this section solely for a
failure to comply with this section in the event a customer's
electronic mail address is permanently terminated due to the action
or inaction of an entity making the underlying network or access
available to the provider or the customer.
   (e) This section supersedes and preempts all rules, regulations,
codes, statutes, or ordinances of all cities, counties, cities and
counties, municipalities, and other local agencies regarding notice
of electronic mail termination by providers of electronic mail
service.
   (f) This section shall become inoperative on the date that a
federal law or regulation is enacted that regulates notice
requirements in the event of termination of electronic mail service.