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PARRIS N. GLENDENING, Governor Ch. 323
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Article - Commercial Law
SUBTITLE 29. COMMERCIAL ELECTRONIC MAIL
13-319. 14-2901.
(A) IN THIS SECTION, "COMMERCIAL ELECTRONIC MAIL MESSAGE" MEANS A
COMMUNICATION SENT OR RECEIVED ELECTRONICALLY OVER A COMPUTER
NETWORK ALLEGING TO ADVERTISE A GOOD OR SERVICE SUBTITLE THE FOLLOWING
WORDS HAVE THE MEANINGS INDICATED.
(B) (1) "COMMERCIAL ELECTRONIC MAIL" MEANS ELECTRONIC MAIL THAT
ADVERTISES REAL PROPERTY, GOODS, OR SERVICES FOR SALE OR LEASE.
(2) "COMMERCIAL ELECTRONIC MAIL" DOES NOT INCLUDE ELECTRONIC
MAIL TO WHICH AN INTERACTIVE COMPUTER SERVICE PROVIDER HAS ATTACHED AN
ADVERTISEMENT IN EXCHANGE FOR FREE USE OF AN ELECTRONIC MAIL ACCOUNT.
(C) (1) "INTERACTIVE COMPUTER SERVICE PROVIDER" MEANS AN
INFORMATION SERVICE, SYSTEM, OR ACCESS SOFTWARE PROVIDER THAT PROVIDES
OR ENABLES COMPUTER ACCESS BY MULTIPLE USERS TO A COMPUTER SERVICE.
(2) "INTERACTIVE COMPUTER SERVICE PROVIDER" INCLUDES A
SERVICE OR SYSTEM THAT PROVIDES ACCESS TO THE INTERNET AND SYSTEMS
OPERATED OR SERVICES OFFERED BY A LIBRARY OR EDUCATIONAL INSTITUTION.
14-2902.
(B) (A) THIS SECTION APPLIES TO A COMMERCIAL ELECTRONIC MAIL
MESSAGE SENT FROM A COMPUTER LOCATED IN THE STATE OR TO AN ELECTRONIC
MAIL ADDRESS THAT THE SENDER KNOWS OR HAS REASON TO KNOW IS HELD BY A
RESIDENT OF THE STATE DOES NOT APPLY TO AN INTERACTIVE COMPUTER SERVICE
PROVIDER OR A TELECOMMUNICATION UTILITY TO THE EXTENT THAT THE
INTERACTIVE COMPUTER SERVICE PROVIDER OR THE TELECOMMUNICATION
UTILITY MERELY HANDLES, RETRANSMITS, OR CARRIES A TRANSMISSION OF
COMMERCIAL ELECTRONIC MAIL.
(C) (B) A PERSON MAY NOT INITIATE OR THE TRANSMISSION, CONSPIRE
WITH ANOTHER PERSON TO INITIATE THE TRANSMISSION, OR ASSIST IN THE
TRANSMISSION OF A COMMERCIAL ELECTRONIC MAIL MESSAGE THAT:
(1) MISREPRESENTS OR OBSCURES ANY INFORMATION RELATING TO
THE POINT OF ORIGIN OR TRANSMISSION PATH OF THE COMMERCIAL ELECTRONIC
MAIL MESSAGE; OR
(2) IS FROM A COMPUTER IN THE STATE OR IS SENT TO AN ELECTRONIC
MAIL ADDRESS THAT THE SENDER KNOWS OR SHOULD HAVE KNOWN IS HELD BY A
RESIDENT OF THE STATE; AND
(2) (I) USES A THIRD PARTY'S INTERNET DOMAIN NAME OR
ELECTRONIC MAIL ADDRESS WITHOUT THE PERMISSION OF THE THIRD PARTY;
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