BILL ANALYSIS
AB 1676
Date of Hearing: April 22, 1998
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Carole Migden, Chairwoman
AB 1676 (Bowen) - As Amended: 3/26/98
Policy Committee: Consumer Protection Vote: 13 - 0
Urgency: No State Mandated Local Program: YesReimbursable:
No
SUMMARY
Prohibits the practice of sending unsolicited commercial
electronic mail (e-mail), commonly referred to as spam or junk
e-mail, unless certain conditions are satisfied. Specifically,
this bill :
1. Prohibits the sending of unsolicited commercial e-mail to a
recipient if the recipient has notified the sender to cease.
2. Prohibits any person or entity conducting business in the
state from sending unsolicited advertising material via e-mail
unless a toll-free telephone
number is established for individuals to call to notify the sender
not to send unsolicited e-mail advertisements.
3. Requires unsolicited e-mail to include a statement, in the
same size as the majority of the text of the message, informing
the recipient of the toll-free telephone number and e-mail
address of the sender.
4. Makes it an infraction, punishable by a fine of $500, for each
and every transmission sent in violation of the bill's
prohibitions.
5. Protects Internet service providers (ISPs) from liability
against spamming claims if ISPs merely carry e-mail transmissions
over their networks.
FISCAL EFFECT
No state costs.
BACKGROUND
According to the author's office, the measure is intended to
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prevent spam, the junk mail of the Information Age. The bill
seeks to accomplish this by giving individual consumers the right
to opt out of spam distribution lists and fining individuals who
do not comply with consumers' wishes.
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