An Act to Control Internet "Spam
Maine Legislature, Session 121, LD 0255
Committee: Utilities and Energy
Sponsors: GOODWIN

12lst MAINE LEGISLATURE 
Legislative Document 
No. 255 
H.P.21O 
House of Representatives, January 23, 2003 
An Act to Control Internet "Spam" 
Reference to the Committee on Utilities and Energy suggested and ordered printed. 
Presented by Representative GOODWIN of Pembroke. 
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MILLICENT M. MacFARLAND 
Clerk 
Under suspension of the rules, cosponsored by Representative ADAMS of Portland, Senators: 
EDMONDS of Cumberland, ROTUNDO of Androscoggin, Senator TREAT of Kennebec and 
Representatives: ANDREWS of York, BERRY of Belmont, BLISS of South Portland, 
BOWLES of Sanford, BRUNO of Raymond, BUNKER of Kossuth Township, CLARK of 
Millinocket, CLOUGH of Scarborough, Speaker COLWELL of Gardiner, COWGER of 
Hallowell, CRA VEN of Lewiston, DUPLESSIE of Westbrook, FINCH of Fairfield, FISCHER 
of Presque Isle, FLETCHER of Winslow, GLYNN of South Portland, GROSE of Woolwich, 
LUNDEEN of Mars Hill, MARRACHE of Waterville, McLAUGHLIN of Cape Elizabeth, 
McNEIL of Rockland, MURPHY of Kennebunk, O'BRIEN of Lewiston, PIOTTI of Unity, 
RICHARDSON of Brunswick, ROSEN of Bucksport, SAMPSON of Auburn, THOMPSON of 
China, Senators: President DAGGETT of Kennebec, DAVIS of Piscataquis, GAGNON of 
Kennebec, HATCH of Somerset, LaFOUNTAIN of York, WOODCOCK of Franklin. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 10 MRSA c. 224 is enacted to read: 
CHAPTER 224 
ELECTRONIC MAIL SOLICITATION 
§1491. 
Electronic mail solicitation restricted 
I. 
Definitions. 
As 
used 
in this 
chapter, 
unless 
the 
context 
otherwise 
indicates, 
the 
following 
terms 
have 
the 
following meanings. 
A. 
"E-mail" means electronic mail sent or delivered by 
transmission over the Internet. 
B. 
..E-mail 
service 
provider" 
means 
a 
business 
or 
organization qualified to do business in this State that 
provides individuals, 
corporations or other entities the 
ability to send or receive e-mail through equipment located 
in this State or that is an intermediary in sending or 
receiving e-mail. 
C. 
"Unsolicited commercial e-mail" means an e-mail, other 
than an e-mail sent at the reguest of the recipient, sent 
via an e-mail service provider to 2 or more recipients in 
this State with whom the sender does not have an existing 
business relationship for the purpose of: 
(1) Offering real property, goods or services for sale 
or rent; 
(2) Conveying information on real property, goods or 
services to solicit sales or purchase; 
(3) 
Conveying information on the extension of credit; 
or 
(4) 
Promoting or soliciting charitable contributions. 
"Unsolicited 
commercial 
e-mail" 
does 
not 
include 
an 
e-mail 
message to which an e-mail service provider has attached an 
advertisement if the e-mail service provider has an agreement 
with the recipient under which the e-mail service provider allows 
the recipient free use of an e-mail account in exchange for 
allowing the e-mail service provider to send such advertisements. 
2. 
Requirements. 
A person sending unsolicited commercial 
e-mail shall maintain a valid return e-mail address through which 
the recipient may provide notice to the sender that the recipient 
does not wish to receive any more unsolicited commercial e-mail. 
3. 
Statement. 
All 
unsolicited 
commercial 
e-mail 
must 
contain: 
A. 
In the subject line: 
(1) 
The first 4 characters as follows: "ADV:"; and 
(2) 
If the 
unsolicited 
commercial 
e-mail 
contains 
information about material that may be viewed only by a 
person at least 18 years of age, the first 8 characters 
as follows: "ADV:ADLT"; 
B. 
A statement informing the recipient of the name of the 
person or entity 
from 
which 
the 
unsolicited 
commercial 
e-mail originated; 
c. 
The return e-mail address required by subsection 2; and 
D. 
A statement informing the recipient that the recipient 
may use the return e-mail address to notify the sender that 
the recipient does not want to receive any more unsolicited 
commercial e-mails from the sender. 
4. 
Prohibition. 
A person receiving notification from 
a 
recipient that the recipient does not wish to receive any more 
unsolici ted commercial e-mails from that person shall cease to 
send unsolicited commercial e-mails to that recipient. 
If a 
recipient is the registered owner of more than one e-mail address 
and notifies the sender of unsolicited commercial e-mails to 
cease sending unsolicited commercial e-mails to all of the e-mail 
addresses registered to that person or entity, the sender shall 
cease to send unsolicited commercial e-mails to those addresses. 
5. 
Penalty. 
Violation of this chapter is an unfair trade 
practice as prohibited by Title 5, section 207. 
Each unsolicited 
commercial e-mail transmission to a recipient in violation of 
this chapter constitutes 
a 
separate violation. 
The 
Attorney 
General 
shall 
establish 
procedures 
for 
receiving 
and 
investigating complaints of violations of this chapter. 
The 
procedures 
may 
include 
the 
development 
of 
electronic 
forms, 
available over 
the 
Internet, 
by 
which 
a 
person 
may 
file 
a 
complaint with the Attorney General alleging a violation of this 
chapter. 
6. 
Civil 
action; 
recipients. 
Notwithstanding 
Title 
5, 
section 213, a person who receives a commercial e-mail sent in 
violation of this chapter may bring an action 
~n an appropriate 
state court for either or both of the following: 
A. 
An injunction to stop such future e-mails; and 
B. 
Recovery of actual damages from each violation or up to 
$250 in damages for each violation, whichever is greater. 
If the court finds there has been a violation of this chapter, 
the court shall award the petitioner reasonable attorney's fees 
and costs incurred in connection with the action. 
If the court finds that the defendant willfully or knowingly 
violated this chapter, the court may, in its discretion, increase 
the amount of the award to an amount equal to not more than 3 
times the amount available under paragraph B. 
7. 
Civil action; e-mail service providers. Notwithstanding 
Title 5, section 213, an e-mail service provider through whose 
service is sent a commercial e-mail in violation of this chapter 
may bring an action in an appropriate state court for either or 
both of the following: 
A. 
An injunction to stop such future e-mails; and 
B. 
Recovery of actual damages from each violation or up to 
$1,000 in damages for each violation, whichever is greater. 
If the court finds there has been a violation of this chapter, 
the court shall award the petitioner reasonable attorney's fees 
and costs incurred in connection with the action. 
If the court finds that the defendant willfully or knowingly 
violated this chapter, the court may, in its discretion, increase 
the amount of the award to an amount e<;Iual to not more than 3. 
times the amount available under paragraph B. 
8. 
Immunity. An e-mail service provider may, upon its own 
initiative, block the receipt or transmission through its service 
of any commercial email that it reasonably believes is or will 
be sent in violation of this chapter. 
An e-mail service provider 
is not liable for any action taken in good faith to block the 
receipt or transmission through its service of any commercial 
e-mail 
that it reasonably believes 
is or will 
be 
sent 
in 
violation of this chapter. 
SUMMARY 
This bill restricts unsolicited commercial e-mail, defined 
as 
e-mail 
that 
is 
sent 
for 
the 
purpose 
of 
advertising or 
conveying information about real property, goods or services or 
extending credit or soliciting contributions, by requiring the 
e-mail to contain a valid return e-mail address maintained by the 
sender to which the recipient may respond indicating that the 
recipient does not wish to receive further unsolicited commercial 
e-mail from the sender. 
The restriction does not apply to e-mail 
sent to persons with whom the sender has a prior relationship or 
who have requested the information from the sender. 
Unsolicited 
commercial e-mail would need to include in the subject line a 
label, as specified, so that recipients are made aware of the 
nature of the e-mail. 
Each unsolicited commercial e-mail sent to 
a recipient in violation is considered an unfair trade practice.