Section 14-3002 - Unauthorized, false, or misleading information through electronic mail. - Maryland Statutes

§ 14-3002. Unauthorized, false, or misleading information through electronic mail.
 

(a)  Application.- This section 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. 

(b)  Prohibition.- A person may not initiate the transmission, conspire with another person to initiate the transmission, or assist in the transmission of commercial electronic mail that: 

(1) 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; 

(ii) Contains false or misleading information about the 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. 

(c)  Presumption.- 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)  Blocking.- 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. 
 

[2002, chs. 323, 324.]