CHAPTER 22. DECEPTIVE COMMERCIAL ELECTRONIC MAIL
IC 24-5-22
Chapter 22. Deceptive Commercial Electronic Mail
IC 24-5-22-1
"Assist the transmission"
Sec. 1. As used in this chapter, "assist the transmission" means toprovide substantial assistance or support that enables a person toformulate, compose, send, originate, initiate, or transmit acommercial electronic mail message when the person providing theassistance knows or consciously avoids knowing that the initiator ofthe commercial electronic mail message is engaged or intends toengage in a practice that violates this chapter.
As added by P.L.36-2003, SEC.1.
IC 24-5-22-2
"Commercial electronic mail message"
Sec. 2. (a) As used in this chapter, "commercial electronic mailmessage" refers to an electronic mail message sent to promote thesale or lease of real property, goods, or services.
(b) The term does not include an electronic mail message to whichan interactive computer service provider has attached anadvertisement in exchange for free use of an electronic mail account,if the sender has agreed to such an arrangement.
As added by P.L.36-2003, SEC.1.
IC 24-5-22-3
"Electronic mail address"
Sec. 3. As used in this chapter, "electronic mail address" meansa destination, commonly expressed as a string of characters, to whichelectronic mail may be sent or delivered.
As added by P.L.36-2003, SEC.1.
IC 24-5-22-4
"Initiate the transmission"
Sec. 4. (a) As used in this chapter, "initiate the transmission"refers to the action by the original sender of an electronic mailmessage.
(b) The term does not include an action by any interveninginteractive computer service that handles or retransmits the message.
As added by P.L.36-2003, SEC.1.
IC 24-5-22-5
"Interactive computer service"
Sec. 5. (a) As used in this chapter, "interactive computer service"means an information service, a system, or an access softwareprovider that provides or enables computer access to a computerserver by multiple users.
(b) The term includes the following:
(1) A service or system that provides access to the Internet.
(2) A system operated or services offered by a library, a school,
a state educational institution, or a private postsecondaryeducational institution.
As added by P.L.36-2003, SEC.1. Amended by P.L.2-2007, SEC.317.
IC 24-5-22-6
"Internet domain name"
Sec. 6. As used in this chapter, "Internet domain name" refers toa globally unique, hierarchical reference to an Internet host orservice, assigned through centralized Internet naming authorities,comprising a series of character strings separated by periods, withthe right most string specifying the top of the hierarchy.
As added by P.L.36-2003, SEC.1.
IC 24-5-22-7
Indiana recipient of commercial electronic mail message;transmission of commercial electronic mail message; application
Sec. 7. (a) For purposes of this section, a person knows that theintended recipient of a commercial electronic mail message is anIndiana resident if that information is available, upon request, fromthe registrant of the Internet domain name contained in the recipient'selectronic mail address.
(b) Subsection (c) applies only to a commercial electronic mailmessage that:
(1) uses a third party's Internet domain name without permissionof the third party;
(2) otherwise misrepresents or obscures any information inidentifying the point of origin or the transmission path of thecommercial electronic mail message; or
(3) contains false or misleading information in the subject line.
(c) A person may not initiate or assist the transmission of acommercial electronic mail message described in subsection (b):
(1) from a computer located in Indiana; or
(2) to an electronic mail address that the sender:
(A) knows; or
(B) has reason to know;
is held by a resident of Indiana.
As added by P.L.36-2003, SEC.1. Amended by P.L.97-2004, SEC.91.
IC 24-5-22-8
Commercial electronic mail; prohibited practices
Sec. 8. A person may not do any of the following:
(1) Send unsolicited commercial electronic mail and fail to use"ADV:" as the initial four (4) characters in the subject line ofthe electronic mail. This subdivision does not apply if any ofthe following apply:
(A) The sender of the electronic mail has a current businessrelationship with the recipient of the electronic mail.
(B) The sender of the electronic mail is an organizationusing the electronic mail to communicate with its members.
(C) The sender of the electronic mail is an organization
using the electronic mail to communicate exclusively withthe organization's employees or contractors, or both.
(2) Send unsolicited commercial electronic mail and fail to use"ADV:ADLT" as the first eight (8) characters in the subject lineof the electronic mail if the unsolicited commercial electronicmail is any of the following:
(A) The unsolicited commercial electronic mail contains asolicitation for the sale or lease of services or tangible orintangible personal or real property that may not bepurchased, leased, or possessed by a minor under Indianalaw.
(B) The unsolicited commercial electronic mail contains asolicitation for an extension of credit.
(C) The unsolicited commercial electronic mail containsmatter that is harmful to minors under Indiana law.
(3) Send unsolicited commercial electronic mail and fail toprovide a means for the recipient easily and at no cost to therecipient to remove the recipient's name from the sender'selectronic mail address lists.
(4) Send unsolicited commercial electronic mail to a recipientwho has asked the sender to remove the recipient's electronicmail address from the sender's electronic mail address lists.
(5) Provide to a third person the electronic mail address of arecipient who has asked the sender to remove the recipient'selectronic mail address from the sender's electronic mailaddress lists. This subdivision applies to a third person who isa part of the sender's business organization. This subdivisiondoes not prohibit providing a recipient's electronic mail addressto a third person for the sole purpose of inclusion of theelectronic mail address on a do-not-mail list.
As added by P.L.36-2003, SEC.1.
IC 24-5-22-9
Interactive computer services; blocking transmission ofcommercial electronic mail; liability
Sec. 9. (a) An interactive computer service may, upon its owninitiative, block the receipt or transmission through its service of anycommercial electronic mail message that it reasonably believes is orwill be sent in violation of this chapter.
(b) An interactive computer service is not liable for any actionvoluntarily taken in good faith to block the receipt or transmissionthrough its service of any commercial electronic mail message thatit reasonably believes is or will be sent in violation of this chapter.
As added by P.L.36-2003, SEC.1.
IC 24-5-22-10
Right of action; exclusions; defenses; remedies; jurisdiction
Sec. 10. (a) The following have a right of action against a personwho initiates or assists the transmission of a commercial electronicmail message that violates this chapter: (1) A person who receives the commercial electronic mailmessage.
(2) An interactive computer service that handles or retransmitsthe commercial electronic mail message.
(b) This chapter does not provide a right of action against:
(1) an interactive computer service;
(2) a telephone company; or
(3) a CMRS provider (as defined by IC 36-8-16.5-6);
whose equipment is used to transport, handle, or retransmit acommercial electronic mail message that violates this chapter.
(c) It is a defense to an action under this section if the defendantshows by a preponderance of the evidence that the violation of thischapter resulted from a good faith error and occurrednotwithstanding the maintenance of procedures reasonably adoptedto avoid violations of this chapter.
(d) If the plaintiff prevails in an action filed under this section, theplaintiff is entitled to the following:
(1) An injunction to enjoin future violations of this chapter.
(2) Compensatory damages equal to any actual damage provenby the plaintiff to have resulted from the initiation of thecommercial electronic mail message. If the plaintiff does notprove actual damage, the plaintiff is entitled to presumptivedamages of five hundred dollars ($500) for each commercialelectronic mail message that violates this chapter and that issent by the defendant:
(A) to the plaintiff; or
(B) through the plaintiff's interactive computer service.
(3) The plaintiff's reasonable attorney's fees and other litigationcosts reasonably incurred in connection with the action.
(e) A person outside Indiana who:
(1) initiates or assists the transmission of a commercialelectronic mail message that violates this chapter; and
(2) knows or should know that the commercial electronic mailmessage will be received in Indiana;
submits to the jurisdiction of Indiana courts for purposes of thischapter.
As added by P.L.36-2003, SEC.1.