Alaska
Enacted: July 30, 2003
A person may not send unsolicited commercial electronic mail to another person from a computer located in this state or to an electronic mail address that the sender knows is held by a resident of this state if the commercial electronic mail contains information that consists of explicit sexual material that another law provides may only be viewed, purchased, rented, leased, or held by an individual who is 18 years of age or older, unless the subject line of the advertisement contains "ADV:ADLT" as the first eight characters.
Arizona
Enacted: May 16, 2003
A. A person shall not knowingly transmit commercial electronic mail if any of the following apply:>br>
1. The person falsifies electronic mail transmission information or other routing information for unsolicited commercial electronic mail.
2. The mail contains false or misleading information in the subject line.
3. The person uses a third party's Internet address or domain name without the third party's consent for the purpose of transmitting electronic mail in a way that makes it appear that the third party was the sender of the mail.
B. If a person sends unsolicited commercial electronic mail or maintains a database for the purpose of sending unsolicited commercial electronic mail, the person shall do the following:
1. Use the exact characters "ADV:" as the first four characters in the subject line of the unsolicited commercial electronic mail.
2. Provide a procedure that allows recipients, at no cost to the recipients, to easily do both of the following:
(a) remove themselves from the sender's electronic mail address lists so the recipients are not included in future electronic mailings from the sender. The sender shall have three business days to remove the recipient's electronic mail address from the sender's electronic mail address lists so the recipients are not included in future electronic mailings from the sender.
(b) restrict the future sale or transfer of the recipient's electronic mail address information to another person or organization for the purpose of sending commercial electronic mail.
Arkansas
Enacted: April 2001
Prohibits the use of a third party's domain name without permission, misrepresenting the sender or point of origin, or falsifying routing information.
California
Enacted: September 1998
Opt-out instructions and contact info required. Opt-out requests must be honored. Requires that certain messages have subject line labels of "ADV" or "ADV:ADLT."
Colorado
Enacted: June 2000
Prohibits UCE using a third party's Internet address or domain name without permission, or contains false or missing routing information. Required elements: subject line label, sender's e-mail address, and opt-out instructions. Opt-out requests must be honored.
Connecticut
Enacted: June 1999
Prohibits sending UCE with falsified routing information, and applies to nonresidents who use a computer or computer network located in Connecticut.
Delaware
Enacted: July 1999
UCE and UCE with falsified routing information are prohibited. Messages sent from out of state to Delaware residents violate the law if the sender's knowledge of the recipient being in Delaware is a "reasonable possibility."
Florida
Enacted: July 1, 2004
A person may not:
(1) Initiate or assist in the transmission of an unsolicited commercial electronic mail message from a computer located in this state or to an electronic mail address that is held by a resident of this state which:
(a) Uses a third party's Internet domain name without permission of the third party;
(b) Contains falsified or missing routing information or otherwise misrepresents, falsifies, or obscures any information in identifying the point of origin or the transmission path of the unsolicited commercial electronic mail message;
(c) Contains false or misleading information in the subject line; or
(d) Contains false or deceptive information in the body of the message which is designed and intended to cause damage to the receiving device of an addressee or of another recipient of the message. However, this section does not apply to electronic mail messages resulting from or created by a computer virus which are sent or retransmitted from a computer or other electronic device without the sender's knowledge or consent.
(2) Distribute software or any other system designed to falsify missing routing information identifying the point of origin or the transmission path of the commercial electronic mail message.
Georgia
Enacted: April 19, 2005
Any person who initiates a commercial e-mail that the person knew or should have known to be false or misleading that is sent from, passes through, or is received by a protected computer shall be guilty of the crime of initiation of deceptive commercial e-mail.
Idaho
Enacted: April 2000
UCE must include an e-mail address for opt-out requests, which must be honored. Using a third party's return address without permission is prohibited. Accurate routing information required.
Illinois
Enacted: July 1999
Prohibits UCE with a third party's domain name without permission, with falsified routing information, or with a misleading subject line.
Indiana
Enacted: 2004
Send unsolicited commercial electronic mail and fail to use "ADV:" as the initial four (4) characters or "ADV:ADLT" as the first eight (8) characters in the subject line of the electronic mail.
Send unsolicited commercial electronic mail and fail to provide a means for the recipient easily and at no cost to the recipient to remove the recipient's name from the sender's electronic mail address lists.
Send unsolicited commercial electronic mail to a recipient who has asked the sender to remove the recipient's electronic mail address from the sender's electronic mail address lists.
Provide to a third person the electronic mail address of a recipient who has asked the sender to remove the recipient's electronic mail address from the sender's electronic mail address lists. This subdivision applies to a third person who is a part of the sender's business organization. This subdivision does not prohibit providing a recipient's electronic mail address to a third person for the sole purpose of inclusion of the electronic mail address on a do-not-mail list.
Iowa
Enacted: May 1999
Prohibits UCE using third-party return addresses without permission, or with false or missing routing information. Opt-out instructions and contact information required. Opt-out requests must be honored. Law applies to e-mail sent to or through a computer network in Iowa.
Kansas
Enacted: May 2002
Falsified routing information is prohibited. Third-party domain names can't be used without permission. Misleading subject lines are prohibited. Opt-out instructions required; opt-out requests must be honored. UCE and ads for sexually explicit content must have a subject line label. Applies to messages sent from Kansas, or if the sender knows the recipient is a Kansas resident.
Kentucky
Enacted: N/A
Kentucky has not enacted spam legislation. But similar to Florida, the Kentucky Supreme Court ruled that attorneys advertising via e-mail must include the words, "this is an advertisement," prominently in each message.
Louisiana
Enacted: July 1999
Prohibits UCE sent to more than 1,000 recipients if the messages contain falsified routing information or the sender is violating the sending provider's policies. Like in Florida, lawyers in the state sending UCE must include a label in the subject line.
Maine
Enacted: May 27, 2003
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.
In the subject must include either the first 4 characters: "ADV:" or first 8 characters: "ADV:ADLT"
Must include a statement informing the recipient of the name of the person or entity from which the unsolicited commercial e-mail originated
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.
Maryland
Enacted: May 2002
Third-party domain names can't be used without permission. False or missing routing information is outlawed, as are misleading subject lines. The law applies to messages sent from the state, and to senders who know the recipient is a Maryland resident--as well as if the owner of the domain name in the recipient's address will confirm that the recipient is a Maryland resident.
Michigan
Enacted: September 1, 2003
A person who intentionally sends or causes to be sent an unsolicited commercial e-mail through an e-mail service provider that the sender knew or should have known is located in this state or to an e-mail address that the sender knew or should have known is held by a resident of this state shall do all of the following:
(a) Include in the e-mail subject line "ADV:" as the first 4 characters.
(b) Conspicuously state in the e-mail all of the following:
(i) The sender's legal name.
(ii) The sender's correct street address.
(iii) The sender's valid internet domain name.
(iv) The sender's valid return e-mail address.
(c) Establish a toll-free telephone number, a valid sender-operated return e-mail address, or another easy-to-use electronic method that the recipient of the commercial e-mail message may call or access by e-mail or other electronic means to notify the sender not to transmit by e-mail any further unsolicited commercial e-mail messages. The notification process may include the ability for the commercial e-mail messages recipient to direct the sender to transmit or not transmit particular commercial e-mail messages based upon products, services, divisions, organizations, companies, or other selections of the recipient's choice. An unsolicited commercial e-mail message shall include, in print as large as the print used for the majority of the e-mail message, a statement informing the recipient of a toll-free telephone number that the recipient may call, or a valid return address to which the recipient may write or access by e-mail, notifying the sender not to transmit to the recipient any further commercial e-mail messages.
(d) Conspicuously provide in the text of the commercial e-mail, in print as large as the print used for the majority of the e-mail, a notice that informs the recipient that the recipient may conveniently and at no cost be excluded from future commercial e-mail from the sender as provided under subdivision (c).
Minnesota
Enacted: May 2002
Prohibits UCE using a third-party domain name without permission, containing false routing information, or having a misleading subject line. Opt-out instructions and contact information are required. UCE must contain a subject line label. Applies to e-mail sent to state residents through facilities in Minnesota. The takes effect March 2003.
Missouri
Enacted: June 2000
UCE must contain opt-out instructions and contact information.
Nevada
Enacted: July 1997
Despite its tolerance for prostitution and gambling, Nevada was the first state to crack down on spam. The state enacted a second spam statute in 1999 and amended it in 2001. UCE is illegal unless labeled or readily identifiable as an advertisement; it must contain the sender's name, street address, and e-mail address, plus opt-out instructions. Falsified routing information is prohibited. E-mails intending to disrupt the operation of a computer, Internet site, or e-mail address are also illegal.
North Carolina
Enacted: June 1999
It is illegal to send UCE containing falsified routing information, if the message violates a provider's policies. The law applies to messages sent into or within the state.
Ohio
Enacted: August 2002
UCE must contain the sender's name, address, and e-mail address, plus opt-out instructions, which must be honored. By Ohio's definition, messages sent based upon a "direct referral" are not UCE. Forging the sender's address or other routing information is prohibited. A provider whose policies have been violated can sue the sender of the message if the sender had been notified of the policies or had viewed the policies on the provider's Web site .
Oklahoma
Enacted: June 1999
False or missing routing information is prohibited. A court may take action against nonresidents who send messages to or through a provider's network in Oklahoma.
Oregon
Enacted: September 17, 2003
In the course of offering real estate, goods or services for sale, rent or other disposition, a person may not:
(1) Transmit, ask another person to transmit or assist in the transmission of an electronic mail message that:
(a) Uses an Internet domain name without permission of the person that holds the license to use the name;
(b) Contains false or misleading information in the subject line; or
(c) Misrepresents or hinders a person from determining the point of origin or transmission path of the electronic mail message.
(2) Transmit, ask a person to transmit or assist in the transmission of an unsolicited commercial electronic mail message to a person in this state.
Pennsylvania
Enacted: June 2000
UCE containing "explicit sexual materials" must contain a label in the subject line.
Rhode Island
Enacted: July 1999
It is illegal to send UCE in violation of a Rhode Island provider's policies. A separate law requires opt-out instructions and contact information, and that opt-out requests be honored. Third-party domain names can't be used without permission. False routing information is prohibited. This law applies to messages both sent from the state and into the state, if the sender could reasonably have known that the recipient was a Rhode Island resident.
South Dakota
Enacted: February 2002
Prohibits UCE that misrepresents the sender's address or routing information, or has a misleading subject line. The law applies to messages sent from the state, if the sender knows that the recipient is a South Dakota resident, or if the registrant of the domain name in the recipient's address will confirm that the recipient is a state resident. Subject lines must contain a label.
Tennessee
Enacted: June 1999
UCE must include opt-out instructions and contact information, and opt-out requests must be honored. Certain messages must contain a subject line label. The law applies to messages delivered to a Tennessee resident via an in-state provider.
Utah
Enacted: March 2002
UCE must include the sender's name, physical address, and where the message originated. The law applies also to sexually explicit e-mail sent to a Utah resident or through a Utah provider, and must include a subject line label, as well as opt-out instructions. Routing information can't be falsified.
Virginia
Enacted: 2003
A. Any person who:
1. Uses a computer or computer network with the intent to falsify or forge electronic mail transmission information or other routing information in any manner in connection with the transmission of unsolicited bulk electronic mail through or into the computer network of an electronic mail service provider or its subscribers; or
2. Knowingly sells, gives, or otherwise distributes or possesses with the intent to sell, give, or distribute software that (i) is primarily designed or produced for the purpose of facilitating or enabling the falsification of electronic mail transmission information or other routing information; (ii) has only limited commercially significant purpose or use other than to facilitate or enable the falsification of electronic mail transmission information or other routing information; or (iii) is marketed by that person acting alone or with another for use in facilitating or enabling the falsification of electronic mail transmission information or other routing information is guilty of a Class 1 misdemeanor.
B. A person is guilty of a Class 6 felony if he commits a violation of subsection A and:
1. The volume of UBE transmitted exceeded 10,000 attempted recipients in any 24-hour period, 100,000 attempted recipients in any 30-day time period, or one million attempted recipients in any one-year time period; or
2. The revenue generated from a specific UBE transmission exceeded $1,000 or the total revenue generated from all UBE transmitted to any EMSP exceeded $50,000.
C. A person is guilty of a Class 6 felony if he knowingly hires, employs, uses, or permits any minor to assist in the transmission of UBE in violation of subdivision B 1 or subdivision B 2.
Washington
Enacted: March 1998, Ammended 2003
(1) No person may initiate the transmission, conspire with another to initiate the transmission, or assist the transmission of a commercial electronic mail message from a computer located in Washington or to an electronic mail address that the sender knows, or has reason to know, is held by a Washington resident that:
(a) Uses a third party's internet domain name without permission of the third party, or otherwise misrepresents or obscures any information in identifying the point of origin or the transmission path of a commercial electronic mail message; or
(b) Contains false or misleading information in the subject line.
(2) For purposes of this section, a person knows that the intended recipient of a commercial electronic mail message is a Washington resident if that information is available, upon request, from the registrant of the internet domain name contained in the recipient's electronic mail address.
West Virginia
Enacted: March of 1999
Prohibits UCE violating a provider's polices. Prohibits using third-party domain names without permission, misrepresenting the point of origin, using false routing information or misleading subject lines. Requires that messages include the sender's name and return e-mail address, as well as the date and time it was sent. The law applies to messages sent from West Virginia, as well as if the sender could reasonably know that the recipient is a state resident.
Wisconsin
Enacted: June 2001
Requires subject line labels for UCE containing obscene material or sexually explicit content. A separate statute prohibits e-mail harassment.