BILL ANALYSIS                                                                                                                                                                                                    



              APPROPRIATIONS COMMITTEE FISCAL SUMMARY

                                         AB 1676 (Bowen)

Hearing Date: 8/11/98                                 Amended:  
6/30/98         
                             
Consultant:  Maureen Brooks              Policy Vote: B & P  6-0 
___________________________________________________________________ 

BILL SUMMARY: 

AB 1676 prohibits unsolicited advertising by electronic mail  
(known as spamming) unless that e-mail contains either a toll free  
telephone number or return address e-mail which the recipient can  
use to notify the sender not to send any further unsolicited  
advertisements electronically.  The bill prohibits sending  
unsolicited e-mail ads to any recipient who has notified the  
sender to stop sending unsolicited e-mails.

AB 1676 also requires unsolicited e-mails to contain "ADV:" as the  
first four characters in the message, and, if the advertising is  
restricted to persons over 18 years of age the message shall  
include "ADV:ADLT".  This is known as the "labeling" provision.

                         Fiscal Impact (in thousands)
  
Major Provisions               1998-99       1999-00        2000-2001   Fund  

Enforcement     ----unknown, non reimbursable- misdemeanor--Local

STAFF COMMENTS:  

This bill intends to regulate unsolicited e-mails similar to  
regulation already imposed on unsolicited fax transmissions.

Staff notes that since many Internet providers are located outside  
of California, compliance and enforcement of the labeling  
provisions of AB 1676 may be difficult.

AB 1629 (Miller) also set for hearing in this committee today  
allows Internet service providers to file civil action to recover  
damages from spammers who violate legal prohibitions.