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Ch. 323
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2002 LAWS OF MARYLAND
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(II) CONTAINS FALSE OR MISLEADING INFORMATION IN ABOUT
THE SUBJECT LINE ORIGIN OR THE TRANSMISSION PATH OF THE COMMERCIAL
ELECTRONIC MAIL; OR
(III) CONTAINS FALSE OR MISLEADING INFORMATION IN THE
SUBJECT LINE THAT HAS THE CAPACITY, TENDENCY, OR EFFECT OF DECEIVING THE
RECIPIENT.
(D) A PERSON MAY NOT ASSIST IN THE TRANSMISSION OF A COMMERCIAL
ELECTRONIC MAIL MESSAGE IF THE PERSON PROVIDING ASSISTANCE KNOWS OR
CONSCIOUSLY AVOIDS KNOWING THAT THE PERSON INITIATING THE COMMERCIAL
ELECTRONIC MAIL MESSAGE IS ENGAGED OR INTENDS TO ENGAGE IN ANY ACTIVITY
THAT VIOLATES THIS TITLE.
(C) A PERSON IS PRESUMED TO KNOW THAT THE INTENDED RECIPIENT OF
COMMERCIAL ELECTRONIC MAIL IS A RESIDENT OF THE STATE IF THE INFORMATION
IS AVAILABLE ON REQUEST FROM THE REGISTRANT OF THE INTERNET DOMAIN
NAME CONTAINED IN THE RECIPIENT'S ELECTRONIC MAIL ADDRESS.
(D) AN INTERACTIVE COMPUTER SERVICE PROVIDER:
(1) MAY BLOCK THE RECEIPT OR TRANSMISSION THROUGH ITS
INTERACTIVE COMPUTER SERVICE OF COMMERCIAL ELECTRONIC MAIL THAT IT
REASONABLY BELIEVES IS OR WILL BE SENT IN APPARENT VIOLATION OF THIS
SECTION; AND
(2) MAY NOT BE HELD LIABLE FOR AN ACTION UNDER ITEM (1) OF THIS
SUBSECTION THAT IS VOLUNTARILY TAKEN IN GOOD FAITH.
14-2903.
A PERSON WHO VIOLATES THIS SUBTITLE IS LIABLE FOR REASONABLE
ATTORNEYS FEES AND FOR DAMAGES:
(1) TO THE RECIPIENT OF COMMERCIAL ELECTRONIC MAIL, IN AN
AMOUNT EQUAL TO THE GREATER OF $500 OR THE RECIPIENT'S ACTUAL DAMAGES;
(2) TO THE THIRD PARTY WITHOUT WHOSE PERMISSION THE THIRD
PARTY'S INTERNET DOMAIN NAME OR ELECTRONIC MAIL ADDRESS WAS USED, IN AN
AMOUNT EQUAL TO THE GREATER OF $500 OR THE THIRD PARTY'S ACTUAL DAMAGES;
AND
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(3) TO AN INTERACTIVE COMPUTER SERVICE PROVIDER IN AN AMOUNT
EQUAL TO THE GREATER OF $1,000 OR THE INTERACTIVE COMPUTER SERVICE
PROVIDER'S ACTUAL DAMAGES.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2002.
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Approved May 6, 2002.
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- 2814 -
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