S.F. No. 0041

Commercial electronic mail.

Sponsored By: Senator(s) Case and Representative(s) McOmie and Tipton

AN ACT relating to consumer protection; prohibiting deceptive electronic mail; providing definitions; providing for investigation, enforcement and penalties; providing immunity to an interactive computer service for blocking deceptive electronic mail; providing for an appropriation and authorizing a position; and providing for an effective date.

12/31/2002 Bill Number Assigned

1/14/2003 S Received for Introduction

1/15/2003 S Introduced and Referred to S07

2/4/2003 S07 Recommended Amend and Do Pass

ROLL CALL

Ayes: Senator(s) Case, Massie, Meier, Scott and Sessions

Ayes 5 Nays 0 Excused 0 Absent 0 Conflicts 0

2/4/2003 S Placed on General File

2/6/2003 S Amendments Considered

SF0041SS001/A ADOPTED

Page 1-line 5 Delete "providing for an appropriation".

Page 1-line 6 Delete "and authorizing a position;".

Page 4-line 17 After "resident" insert ", or to an address that the sender knows or has reason to know is located in a state or other jurisdiction with laws similar to this state's laws regarding commercial electronic mail,".

Page 7-lines 21 through 24 Delete and renumber.

Page 8-lines 1 through 6 Delete.

Page 8-line 8 Delete "3" insert "2". MEIER, CHAIRMAN

SF0041SW001/A ADOPTED

Page 4-after line 7 Insert and renumber:

"(viii) "Service provider" means an entity offering the transmission, routing or providing of connections for digital online communications between or among points specified by a user, of material of the user's choosing, without modification to the content of the material sent or received.".

Page 5-after line 9 Insert and renumber:

"(c) For purposes of this article, a service provider does not assist in the transmission of a commercial electronic mail message in violation of this article if:

(i) The activity which violates this article was not directed by the service provider or its agent;

(ii) The service provider does not receive a financial benefit directly attributable to the violation of this article by one (1) of its customers; and

(iii) The service provider does not provide the equipment or complete management of systems found to have an open mail relay.". CASE

2/6/2003 S Passed CoW

2/7/2003 S Passed 2nd Reading

2/10/2003 S Passed 3rd Reading

ROLL CALL

Ayes: Senator(s) Anderson, J., Barrasso, Barton, Boggs, Burns, Caller, Case, Cathcart, Coe, Decaria, Devin, Erb, Geis, Hanes, Hawks, Hines, Job, Kunz, Larson, Massie, Meier, Mockler, Northrup, Peck, Roberts, Schiffer, Scott, Sessions and Vasey.

Nays: Senator(s) Goodenough

Ayes 29 Nays 1 Excused 0 Absent 0 Conflicts 0

2/11/2003 H Received for Introduction

2/11/2003 H Introduced and Referred to H07

2/20/2003 H07 Recommended Do Pass

ROLL CALL

Ayes: Representative(s) Illoway, Jansen, Johnson, L., Latta, Martin, McOmie, Petersen, Prosser and Ross

Ayes 9 Nays 0 Excused 0 Absent 0 Conflicts 0

2/20/2003 H Placed on General File

2/24/2003 H Passed CoW

2/25/2003 H Passed 2nd Reading

2/26/2003 H Passed 3rd Reading

ROLL CALL

Ayes: Representative(s) Alden, Anderson, R., Bagby, Baker, Berger, Boswell, Brechtel, Buchanan, Bucholz, Childers, Cohee, Cooper, Diercks, Edwards, Esquibel, Gentile, Gilmore, Hageman, Harshman, Harvey, Hinckley, Iekel, Illoway, Jansen, Johnson, L., Johnson, W., Jones, Jorgensen, Landon, Latta, Law, Lockhart, Luthi, Martin, McMurtrey, McOmie, Meuli, Meyer, Miller, D., Morgan, Nicholas, Olsen, Osborn, Parady, Petersen, Philp, Powers, Prosser, Reese, Robinson, Ross, Semlek, Simpson, Slater, Thompson, Tipton, Walsh, Warren, Wasserburger and Wostenberg.

Ayes 60 Nays 0 Excused 0 Absent 0 Conflicts 0

2/26/2003 Assigned Number SEA 0034

2/27/2003 S President Signed SEA No. 0034

2/27/2003 H Speaker Signed SEA No. 0034

3/3/2003 Governor Signed SEA No. 0034

Chapter No. 0086 Session Laws of Wyoming 2003.