51-27 Commercial Electronic Mail Consumer Protection
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<![CDATA[CHAPTER 51-27COMMERCIAL ELECTRONIC MAIL CONSUMER PROTECTION51-27-01. (Contingent expiration date - See note) Definitions. In this chapter, unlessthe context otherwise requires:1."Assist the transmission" means actions taken by a person to provide substantial<br>assistance or support that enables any person to formulate, compose, send,<br>originate, initiate, or transmit a commercial electronic mail message when the<br>person providing the assistance knows or consciously avoids knowing that the<br>initiator of the commercial electronic mail message is engaged, or intends to<br>engage, in any practice that violates chapter 51-15.2."Commercial electronic mail message" means an electronic mail message sent to<br>promote real property, goods, or services for sale or lease. The term does not mean<br>an electronic mail message to which an interactive computer service provider has<br>attached an advertisement in exchange for free use of an electronic mail account if<br>the sender has agreed to such an arrangement.3."Electronic mail address" means a destination, commonly expressed as a string of<br>characters, to which electronic mail may be sent or delivered.4."Identifying information" means any information that can be used to access an<br>individual's financial account or to obtain goods and services, including an<br>individual's address, birth date, social security number, driver's license number,<br>nondriver governmental identification number, telephone number, bank account<br>number, student identification, credit or debit card number, personal identification<br>number, unique biometric data, employee or payroll number, automated or<br>electronic signature, computer image, photograph, screen name, or password. The<br>term does not include information that is lawfully obtained from publicly available<br>sources or from federal, state, or local government records lawfully made available<br>to the general public.5."Initiate the transmission" refers to the action by the original sender of an electronic<br>mail message, not to the action by any intervening interactive computer service that<br>may handle or retransmit the message, unless the intervening interactive computer<br>service assists in the transmission of an electronic mail message when the<br>interactive computer service knows, or consciously avoids knowing, that the person<br>initiating the transmission is engaged, or intends to engage, in any act or practice<br>that violates chapter 51-15.6."Interactive computer service" means any information service, system, or access<br>software provider that provides or enables computer access by multiple users to a<br>computer server, including a service or system that provides access to the internet<br>and systems operated or services offered by libraries and educational institutions.7."Internet domain name" refers to a globally unique, hierarchical reference to an<br>internet host or service, assigned through centralized internet naming authorities,<br>comprising a series of character strings separated by periods, with the right-most<br>string specifying the top of the hierarchy.8."Web page" means a location that has a single uniform resource locator with respect<br>to the world wide web or another location that can be accessed on the internet.51-27-02. (Contingent expiration date - See note) False or misleading messagesprohibited.Page No. 11.A person may not initiate the transmission, conspire with another to initiate the<br>transmission, or assist the transmission of a commercial electronic mail message<br>from a computer located in this state or to an electronic mail address that the sender<br>knows, or has reason to know, is held by a resident of this state that:a.Uses a third-party's internet domain name without permission of the third party<br>or otherwise misrepresents or obscures any information in identifying the point<br>of origin or the transmission path of a commercial electronic mail message; orb.Contains false or misleading information in the subject line.2.For purposes of this section, a person knows that the intended recipient of a<br>commercial electronic mail message is a resident of this state if that information is<br>available, upon request, from the registrant of the internet domain name contained in<br>the recipient's electronic mail address.51-27-03.(Contingent expiration date - See note) Unpermitted or misleadingelectronic mail - Violation of consumer protection law.1.It is a violation of chapter 51-15 to conspire with another person to initiate the<br>transmission or to initiate the transmission of a commercial electronic mail message<br>that:a.Uses a third-party's internet domain name without permission of the third party<br>or otherwise misrepresents or obscures any information in identifying the point<br>of origin or the transmission path of a commercial electronic mail message; orb.Contains false or misleading information in the subject line.2.It is a violation of chapter 51-15 to assist in the transmission of a commercial<br>electronic mail message if the person providing the assistance knows, or<br>consciously avoids knowing, that the initiator of the commercial electronic mail<br>message is engaged, or intends to engage, in any act or practice that violates<br>chapter 51-15.51-27-04. (Contingent expiration date - See note) Subject disclosure - Violation ofconsumer protection law.1.The subject line of a commercial electronic mail message must include "ADV" as the<br>first characters. If the message contains information that consists of material of a<br>sexual nature that may only be viewed by an individual eighteen years of age or<br>older, the subject line of the message must include "ADV-ADULT" as the first<br>characters.2.For purposes of this section, a commercial electronic mail message does not include<br>a message if the recipient has consented to receive or has solicited electronic mail<br>messages from the initiator, from an organization using electronic mail to<br>communicate exclusively with its members, from an entity which uses electronic mail<br>to communicate exclusively with its employees or contractors, or if there is a<br>business or personal relationship between the initiator and the recipient.3.For purposes of this section, a business relationship means a prior or existing<br>relationship formed between the initiator and the recipient, with or without an<br>exchange of consideration, on the basis of an inquiry, application, purchase, or<br>services offered by the initiator or an affiliate or agent of the initiator. "Affiliate"<br>means a person that directly or indirectly controls, is controlled by, or is under<br>common control with a specified person.Page No. 24.It is a violation of chapter 51-15 to conspire with another person to initiate the<br>transmission or to initiate the transmission of a commercial electronic mail message<br>that violates this section.51-27-05. (Contingent expiration date - See note) Toll-free number.1.A sender initiating the transmission of a commercial electronic mail message shall<br>establish a toll-free telephone number, a valid sender-operated return electronic mail<br>address, or another easy-to-use electronic method that the recipient of the<br>commercial electronic mail message may call or access by electronic mail or other<br>electronic means to notify the sender not to transmit any further unsolicited<br>commercial electronic mail messages.The notification process may include theability for the commercial electronic mail messages recipient to direct the initiator to<br>transmit or not transmit particular commercial electronic mail messages based upon<br>products, services, divisions, organizations, companies, or other selections of the<br>recipient's choice.2.A commercial electronic mail message must include a statement informing the<br>recipient of a toll-free telephone number that the recipient may call, or a valid return<br>address to which the recipient may write or access by electronic mail or another<br>electronic method established by the initiator, notifying the sender not to transmit to<br>the recipient any further unsolicited commercial electronic mail messages to the<br>electronic mail address specified by the recipient, and explaining the manner in<br>which the recipient may specify what commercial electronic mail messages the<br>recipient does and does not want to receive.51-27-06. (Contingent expiration date - See note) Violations - Damages.1.Damages to the recipient of a commercial electronic mail message sent in violation<br>of this chapter are five hundred dollars, or actual damages, whichever is greater.2.Damages to an interactive computer service resulting from a violation of this chapter<br>are one thousand dollars, or actual damages, whichever is greater.51-27-07.(Contingent expiration date - See note) Blocking of commercialelectronic mail by interactive computer service - Immunity from liability.1.An interactive computer service may block the receipt or transmission through its<br>service of any commercial electronic mail that it reasonably believes is, or will be,<br>sent in violation of this chapter.2.An interactive computer service may not be held liable for any action voluntarily<br>taken in good faith to block the receipt or transmission through its service of any<br>commercial electronic mail which it reasonably believes is, or will be, sent in<br>violation of this chapter.51-27-08. (Contingent expiration date - See note) Nonexclusive causes of action,remedies, and penalties. The remedies, duties, prohibitions, and penalties of this chapter are<br>not exclusive and are in addition to all other causes of action, remedies, and penalties in chapter<br>51-15 or otherwise provided by law.51-27-09. (Contingent expiration date - See note) Relationship to federal law. If anyfederal law is enacted that regulates false, misleading, or unsolicited commercial electronic mail<br>messages, but does not preempt state law on the subject, the federal law supersedes any<br>conflicting provision of this chapter.51-27-10. Fraudulent or misleading communications - Penalty.Page No. 31.A person is guilty of a class C felony if, with intent to defraud or injure an individual,<br>or with knowledge that the person is facilitating a fraud or injury to be perpetrated by<br>any other person:a.The actor makes any communication that is not true and is calculated to<br>mislead by purporting to be by or on behalf of another person without the<br>authority or approval of that person; andb.The actor uses that communication to induce, request, or solicit the individual to<br>provide property or identifying information.2.A person is guilty of a class C felony if, with intent to defraud or injure an individual,<br>or with knowledge that a person is facilitating a fraud or injury to be perpetrated by<br>any other person:a.The actor creates or operates a web page that falsely represents the actor as<br>being associated with another person without the authority or approval of that<br>person and the web page may induce a user of the internet to provide property<br>or identifying information; orb.The actor alters a setting on a user's computer or similar device or software<br>program through which the user may search the internet, the alteration causes<br>the user to view a communication that falsely represents the actor as being<br>associated with another person, and the communication has been created or is<br>operated without the authority or approval of the other person and induces,<br>requests, or solicits the user to provide property or identifying information.Page No. 4Document Outlinechapter 51-27 commercial electronic mail consumer protection]]>