BILL ANALYSIS
APPROPRIATIONS COMMITTEE FISCAL SUMMARY
AB 1676 (Bowen)
Hearing Date: 8/19/98 Amended:
6/30/98
& as proposed to be
amended
Consultant: Maureen Brooks Policy Vote: B & P 6-0
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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: RECONSIDERATION - FOR VOTE ONLY.
AB 1676 was heard by this committee on 8/11/98 and failed passage
by a vote of Ayes 4, Noes 6.
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.
Amendments clarify that if Federal law is enacted regulating
unsolicited electronic mail, it will preempt the provisions of
this bill.