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PARRIS N. GLENDENING, Governor
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Ch. 324
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CHAPTER 324
(House Bill 915)
AN ACT concerning
Commercial Law - Electronic Mail - Prohibitions Unauthorized, False, or
Misleading Information
FOR the purpose of prohibiting a person from initiating or conspiring with another
person to initiate, or assisting in the transmission of certain commercial
electronic mail under certain circumstances; prohibiting a person from assisting
another person in transmitting a commercial electronic mail message under
certain circumstances that is from a certain computer or is sent to a certain
electronic mail address and that contains unauthorized, misleading, or false
information; specifying a certain presumption; authorizing an interactive
computer service provider to block certain commercial electronic mail in a
certain manner; prohibiting a certain interactive computer service provider
from being held liable for certain actions; specifying the scope for certain
provisions; providing that a person who violates this Act is liable to certain
persons for attorney's fees and certain damages; defining a certain term terms;
and generally relating to the transmission of commercial electronic mail.
BY adding to
Article — Commercial Law
Section 13-319 14-2901, 14-2902, and 14-2903 to be under the new subtitle
"Subtitle 29. Commercial Electronic Mail"
Annotated Code of Maryland
(2000 Replacement Volume and 2001 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
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.
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- 2815 -
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