51-27 Commercial Electronic Mail Consumer Protection - North Dakota Statutes

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CHAPTER 51-27COMMERCIAL ELECTRONIC MAIL CONSUMER PROTECTION51-27-01. (Contingent expiration date - See note) Definitions. In this chapter, unlessthe context otherwise requires:1."Assist the transmission" means actions taken by a person to provide substantial
assistance or support that enables any person to formulate, compose, send,
originate, initiate, or transmit a commercial electronic mail message when the
person providing the assistance knows or consciously avoids knowing that the
initiator of the commercial electronic mail message is engaged, or intends to
engage, in any practice that violates chapter 51-15.2."Commercial electronic mail message" means an electronic mail message sent to
promote real property, goods, or services for sale or lease. The term does not mean
an electronic mail message to which an interactive computer service provider has
attached an advertisement in exchange for free use of an electronic mail account if
the sender has agreed to such an arrangement.3."Electronic mail address" means a destination, commonly expressed as a string of
characters, to which electronic mail may be sent or delivered.4."Identifying information" means any information that can be used to access an
individual's financial account or to obtain goods and services, including an
individual's address, birth date, social security number, driver's license number,
nondriver governmental identification number, telephone number, bank account
number, student identification, credit or debit card number, personal identification
number, unique biometric data, employee or payroll number, automated or
electronic signature, computer image, photograph, screen name, or password. The
term does not include information that is lawfully obtained from publicly available
sources or from federal, state, or local government records lawfully made available
to the general public.5."Initiate the transmission" refers to the action by the original sender of an electronic
mail message, not to the action by any intervening interactive computer service that
may handle or retransmit the message, unless the intervening interactive computer
service assists in the transmission of an electronic mail message when the
interactive computer service knows, or consciously avoids knowing, that the person
initiating the transmission is engaged, or intends to engage, in any act or practice
that violates chapter 51-15.6."Interactive computer service" means any information service, system, or access
software provider that provides or enables computer access by multiple users to a
computer server, including a service or system that provides access to the internet
and systems operated or services offered by libraries and educational institutions.7."Internet domain name" refers to a globally unique, hierarchical reference to an
internet host or service, assigned through centralized internet naming authorities,
comprising a series of character strings separated by periods, with the right-most
string specifying the top of the hierarchy.8."Web page" means a location that has a single uniform resource locator with respect
to the world wide web or another location that can be accessed on the internet.51-27-02. (Contingent expiration date - See note) False or misleading messagesprohibited.Page No. 11.A person may not initiate the transmission, conspire with another to initiate the
transmission, or assist the transmission of a commercial electronic mail message
from a computer located in this state or to an electronic mail address that the sender
knows, or has reason to know, is held by a resident of this state that:a.Uses a third-party's internet domain name without permission of the third party
or otherwise misrepresents or obscures any information in identifying the point
of origin or the transmission path of a commercial electronic mail message; orb.Contains false or misleading information in the subject line.2.For purposes of this section, a person knows that the intended recipient of a
commercial electronic mail message is a resident of this state if that information is
available, upon request, from the registrant of the internet domain name contained in
the recipient's electronic mail address.51-27-03.(Contingent expiration date - See note) Unpermitted or misleadingelectronic mail - Violation of consumer protection law.1.It is a violation of chapter 51-15 to conspire with another person to initiate the
transmission or to initiate the transmission of a commercial electronic mail message
that:a.Uses a third-party's internet domain name without permission of the third party
or otherwise misrepresents or obscures any information in identifying the point
of origin or the transmission path of a commercial electronic mail message; orb.Contains false or misleading information in the subject line.2.It is a violation of chapter 51-15 to assist in the transmission of a commercial
electronic mail message if the person providing the assistance knows, or
consciously avoids knowing, that the initiator of the commercial electronic mail
message is engaged, or intends to engage, in any act or practice that violates
chapter 51-15.51-27-04. (Contingent expiration date - See note) Subject disclosure - Violation ofconsumer protection law.1.The subject line of a commercial electronic mail message must include "ADV" as the
first characters. If the message contains information that consists of material of a
sexual nature that may only be viewed by an individual eighteen years of age or
older, the subject line of the message must include "ADV-ADULT" as the first
characters.2.For purposes of this section, a commercial electronic mail message does not include
a message if the recipient has consented to receive or has solicited electronic mail
messages from the initiator, from an organization using electronic mail to
communicate exclusively with its members, from an entity which uses electronic mail
to communicate exclusively with its employees or contractors, or if there is a
business or personal relationship between the initiator and the recipient.3.For purposes of this section, a business relationship means a prior or existing
relationship formed between the initiator and the recipient, with or without an
exchange of consideration, on the basis of an inquiry, application, purchase, or
services offered by the initiator or an affiliate or agent of the initiator. "Affiliate"
means a person that directly or indirectly controls, is controlled by, or is under
common control with a specified person.Page No. 24.It is a violation of chapter 51-15 to conspire with another person to initiate the
transmission or to initiate the transmission of a commercial electronic mail message
that violates this section.51-27-05. (Contingent expiration date - See note) Toll-free number.1.A sender initiating the transmission of a commercial electronic mail message shall
establish a toll-free telephone number, a valid sender-operated return electronic mail
address, or another easy-to-use electronic method that the recipient of the
commercial electronic mail message may call or access by electronic mail or other
electronic means to notify the sender not to transmit any further unsolicited
commercial electronic mail messages.The notification process may include theability for the commercial electronic mail messages recipient to direct the initiator to
transmit or not transmit particular commercial electronic mail messages based upon
products, services, divisions, organizations, companies, or other selections of the
recipient's choice.2.A commercial electronic mail message must include a statement informing the
recipient of a toll-free telephone number that the recipient may call, or a valid return
address to which the recipient may write or access by electronic mail or another
electronic method established by the initiator, notifying the sender not to transmit to
the recipient any further unsolicited commercial electronic mail messages to the
electronic mail address specified by the recipient, and explaining the manner in
which the recipient may specify what commercial electronic mail messages the
recipient does and does not want to receive.51-27-06. (Contingent expiration date - See note) Violations - Damages.1.Damages to the recipient of a commercial electronic mail message sent in violation
of this chapter are five hundred dollars, or actual damages, whichever is greater.2.Damages to an interactive computer service resulting from a violation of this chapter
are one thousand dollars, or actual damages, whichever is greater.51-27-07.(Contingent expiration date - See note) Blocking of commercialelectronic mail by interactive computer service - Immunity from liability.1.An interactive computer service may block the receipt or transmission through its
service of any commercial electronic mail that it reasonably believes is, or will be,
sent in violation of this chapter.2.An interactive computer service may not be held liable for any action voluntarily
taken in good faith to block the receipt or transmission through its service of any
commercial electronic mail which it reasonably believes is, or will be, sent in
violation of this chapter.51-27-08. (Contingent expiration date - See note) Nonexclusive causes of action,remedies, and penalties. The remedies, duties, prohibitions, and penalties of this chapter are
not exclusive and are in addition to all other causes of action, remedies, and penalties in chapter
51-15 or otherwise provided by law.51-27-09. (Contingent expiration date - See note) Relationship to federal law. If anyfederal law is enacted that regulates false, misleading, or unsolicited commercial electronic mail
messages, but does not preempt state law on the subject, the federal law supersedes any
conflicting provision of this chapter.51-27-10. Fraudulent or misleading communications - Penalty.Page No. 31.A person is guilty of a class C felony if, with intent to defraud or injure an individual,
or with knowledge that the person is facilitating a fraud or injury to be perpetrated by
any other person:a.The actor makes any communication that is not true and is calculated to
mislead by purporting to be by or on behalf of another person without the
authority or approval of that person; andb.The actor uses that communication to induce, request, or solicit the individual to
provide property or identifying information.2.A person is guilty of a class C felony if, with intent to defraud or injure an individual,
or with knowledge that a person is facilitating a fraud or injury to be perpetrated by
any other person:a.The actor creates or operates a web page that falsely represents the actor as
being associated with another person without the authority or approval of that
person and the web page may induce a user of the internet to provide property
or identifying information; orb.The actor alters a setting on a user's computer or similar device or software
program through which the user may search the internet, the alteration causes
the user to view a communication that falsely represents the actor as being
associated with another person, and the communication has been created or is
operated without the authority or approval of the other person and induces,
requests, or solicits the user to provide property or identifying information.Page No. 4Document Outlinechapter 51-27 commercial electronic mail consumer protection