ROBERT L. EHRLICH, JR., Governor                             Ch. 470

(I)      THE ELECTRONIC MAIL ADDRESSES OF THE RECIPIENTS WERE
OBTAINED USING AN AUTOMATED MEANS FROM AN INTERNET WEBSITE OR
PROPRIETARY ONLINE SERVICE OPERATED BY ANOTHER PERSON; AND

(II)     THE WEBSITE OR ONLINE SERVICE INCLUDED, AT THE TIME
THE ADDRESSES WERE OBTAINED, A NOTICE STATING THAT THE OPERATOR OF THE
WEBSITE OR ONLINE SERVICE WILL NOT TRANSFER ADDRESSES MAINTAINED BY
THE WEBSITE OR ONLINE SERVICE TO ANY OTHER PARTY FOR THE PURPOSES OF
INITIATING OR ENABLING OTHERS TO INITIATE ELECTRONIC MAIL MESSAGES; OR

(7) VIOLATE ITEM (1), (2), (3), (4), OR (5) OF THIS SUBSECTION. BY
PROVIDING OR SELECTING ELECTRONIC MAIL ADDRESSES OF RECIPIENTS
OBTAINED USING AN AUTOMATED MEANS THAT GENERATES POSSIBLE ELECTRONIC
MAIL ADDRESSES BY COMBINING NAMES, LETTERS, OR NUMBERS INTO NUMEROUS
PERMUTATIONS.

(C) (1) A PERSON WHO VIOLATES SUBSECTION (B) SUBSECTION (B)(1), (2), (3),
(4), OR (5) OF THIS SECTION IS GUILTY OF A FELONY MISDEMEANOR AND ON
CONVICTION IS SUBJECT TO IMPRISONMENT NOT EXCEEDING 3 YEARS OR A FINE
NOT EXCEEDING $5,000 OR BOTH;,

(2)      A PERSON WHO VIOLATES SUBSECTION (B) SUBSECTION (B)(1), (2), (3),
(4), OR (5) OF THIS SECTION INVOLVING THE TRANSMISSION OF MORE THAN 250
COMMERCIAL ELECTRONIC MAIL MESSAGES DURING A 24-HOUR PERIOD, 2,500
COMMERCIAL ELECTRONIC MAIL MESSAGES DURING ANY 30-DAY PERIOD, OR 25,000
COMMERCIAL ELECTRONIC MAIL MESSAGES DURING ANY 1-YEAR PERIOD IS GUILTY
OF A FELONY MISDEMEANOR AND ON CONVICTION IS SUBJECT TO IMPRISONMENT
NOT EXCEEDING 5 YEARS OR A FINE NOT EXCEEDING $10,000 OR BOTH;.

(3)     A PERSON WHO VIOLATES SUBSECTION (B)(3) OF THIS SECTION
INVOLVING 20 OR MORE ELECTRONIC MAIL ACCOUNTS OR 10 OR MORE DOMAIN
NAMES AND INTENTIONALLY INITIATES THE TRANSMISSION OF MULTIPLE
COMMERCIAL ELECTRONIC MAIL MESSAGES FROM THE ACCOUNTS OR USING THE
DOMAIN NAMES IS GUILTY OF A FELONY MISDEMEANOR AND ON CONVICTION IS
SUBJECT TO IMPRISONMENT NOT EXCEEDING 5 YEARS OR A FINE NOT EXCEEDING
$10,000 OR BOTH;.

(4)      A PERSON WHO VIOLATES SUBSECTION (B) SUBSECTION (B)(1), (2), (3).
(4), OR (5) OF THIS SECTION THAT CAUSES A LOSS OF $500 OR MORE DURING ANY
1-YEAR PERIOD IS GUILTY OF A FELONY MISDEMEANOR AND ON CONVICTION IS
SUBJECT TO IMPRISONMENT NOT EXCEEDING 5 YEARS OR A FINE NOT EXCEEDING
$10,000 OR BOTH;.

(5)     A PERSON WHO VIOLATES SUBSECTION (B) SUBSECTION (B)(1), (2), (3),
(4), OR (5) OF THIS SECTION IN CONCERT WITH THREE OR MORE OTHER PERSONS AS
THE LEADER OR ORGANIZER OF THE ACTION THAT CONSTITUTES THE VIOLATION IS
GUILTY OF A FELONY MISDEMEANOR AND ON CONVICTION IS SUBJECT TO
IMPRISONMENT NOT EXCEEDING 5 YEARS OR A FINE NOT EXCEEDING $10,000 OR
BOTH; AND.

- 2199 -