Note: Provisions of many of the
following state laws may be pre-empted by the federal
CAN-SPAM Act of 2003.
Alabama
The State of Alabama has not enacted legislation relating
to unsolicited bulk or commercial e-mail.
Alaska
Alaska enacted a law in May 2003 that requires a
label
("ADV:ADLT") at the beginning of the
subject
line of any sexually explicit
unsolicited
commercial
e-mail message, if the sender knows that the recipient is an Alaska resident.
Arizona
An Arizona law enacted in May 2003 requires that
unsolicited
commercial
e-mail messages include a label
("ADV:") at the beginning of the subject line, and contain an opt-out mechanism. Such messages may not contain falsified
routing
information. The law prohibits false or misleading subject lines in
all commercial e-mail, and prohibits the use of a third party's Internet
address or domain name without consent in order to make it appear that the
third party sent the message. The law applies if a message is sent from
within Arizona, or if the recipient's service provider is based in or has
equipment in Arizona, or if the sender knows or has reason to know that the
recipient is an Arizona resident.
Arkansas
Under Arkansas laws enacted in April 2001 and April 2003, all
commercial
and sexually explicit e-mail messages must include a functioning
reply
e-mail address and opt-out instructions; opt-out requests must be honored.
Unsolicited sexually explicit messages must also contain a
label
("ADV:ADULT") at the beginning of the
subject line. In addition, unsolicited commercial
and sexually explicit messages must include
the sender's name, physical address, and domain name, and may not
use a third party's domain name without permission, nor misrepresent
the point of origin or routing information. It is illegal to distribute
software designed to falsify routing information.
California
In September 2003, legislation was approved in California that
made it the second state (after Delaware) to adopt an
opt-in rule for e-mail advertising. Under this
legislation, it is illegal to send
unsolicited
commercial e-mail from California or to a California e-mail address.
The law applies to senders as well as to advertisers on whose behalf messages
are sent. It also includes less restrictive rules from which the broad
prohibition may be severed in the event that it is struck as unconstitutional.
(California's prior law, approved in September 1998, required opt-out
disclosures and subject-line labels.)
Colorado
The Colorado Junk Email Law, enacted in June 2000, prohibits the
sending of unsolicited commercial e-mail that uses a third party's Internet address
or domain name without permission, or contains false or missing
routing information. Unsolicited commercial e-mail messages must
contain a label ("ADV:") at the beginning of the
subject line, and must include the sender's e-mail address
and opt-out instructions; opt-out requests must be honored.
The law applies to e-mail that is sent to Colorado residents via
a provider's service or equipment located in Colorado.
Connecticut
A Connecticut law enacted in June 1999 makes it illegal to
send unsolicited bulk e-mail containing falsified
routing information in violation of a
provider's
policies, or to distribute software designed to
falsify routing information. A court may exercise personal
jurisdiction over a nonresident who uses a computer or computer
network located in Connecticut.
Another law, enacted in June 2003, provides that unsolicited
commercial e-mail messages must contain a
label ("ADV") at the beginning of the
subject line, and must include the sender's e-mail address
and opt-out instructions; opt-out requests must be honored.
Delaware
Under legislation approved in July 1999, it is illegal to send
unsolicited bulk commercial e-mail, to send unsolicited bulk e-mail containing
falsified routing information, or to distribute software designed to falsify
routing information. The law applies to messages originating outside
the state if the recipient is located in Delaware and the sender is aware
of facts making the recipient's presence in Delaware a reasonable
possibility.
Florida
A Florida statute enacted in May 2004 prohibits
unsolicited commercial e-mail messages that use a third
party's domain name without permission, or contain false or
missing routing information; the prohibition applies to messages sent
from a computer in Florida as well as messages sent to a Florida
resident's e-mail address. The law also prohibits the distribution
of software designed to falsify routing information.
In addition, a Florida bar rule
(Fla. R.P.C. 4-7.6(c)(3)) requires attorneys who advertise via
unsolicited e-mail to put "legal advertisement" in the subject line.
Georgia
The Georgia Slam Spam E-mail Act, enacted in April 2005, makes it a
crime to send commercial e-mail that contains false or misleading
header or routing information (not including the
subject line), or that falsely represents that
it is not an unsolicited message. If such messages
are sent in bulk, the offense is a felony.
Hawaii
The State of Hawaii has not enacted legislation relating
to unsolicited bulk or commercial e-mail.
Idaho
A law approved in April 2000 requires that
unsolicited bulk commercial e-mail messages must include an e-mail address for
opt-out requests and requires senders to honor opt-out requests.
Such messages may not use a third party's name for the return address
without permission, and must contain accurate
routing information.
Illinois
Legislation approved in July 1999 makes it illegal to send an
unsolicited commercial e-mail message using a
third party's domain name without permission;
containing falsified routing information; or with a false or misleading
subject line. The law was amended in July 2003 to require
inclusion of the sender's valid
reply
e-mail address or toll-free telephone number for
opt-out
requests, along with a label ("ADV:" or "ADV:ADLT") at the beginning of the subject line.
The law applies to e-mail that is delivered to an Illinois resident
via a provider's facilities located in Illinois.
A separate provision makes it illegal to send
unsolicited bulk e-mail with falsified routing information or to
distribute software designed to falsify routing information.
Indiana
An Indiana law approved in April 2003 prohibits
commercial e-mail that uses a third party's
domain name without permission, includes a false or misleading
subject line, or misrepresents its point of origin or other
routing
information. Unsolicited commercial e-mail messages must include a
label ("ADV:" or "ADV:ADLT") at the beginning of the subject line,
along with opt-out instructions. The law applies to messages sent from
outside Indiana if the sender knows that the recipient is an Indiana
resident, or if that information is available upon request from the
registrant of the domain name contained in the recipient's e-mail
address.
Iowa
An Iowa law approved in May 1999 prohibits the sending of
unsolicited bulk e-mail that uses a third party's name for the
return address without permission, or contains false or
missing routing information. Unsolicited bulk
commercial e-mail messages must include
opt-out instructions and contact information, and opt-out
requests must be honored. The law applies to e-mail that is sent
to or through a computer network located in Iowa.
Kansas
Under a Kansas law enacted in May 2002,
commercial e-mail messages may not contain falsified
routing information, use a third party's domain name
without permission, or have a false or misleading
subject line. Senders of commercial e-mail messages must
include opt-out instructions and honor opt-out requests.
Unsolicited bulk commercial e-mail messages (500 or more recipients) and
advertisements for sexually explicit content must contain a
label ("ADV:" or "ADV:ADLT") at the beginning of the subject
line. The law applies if a message is sent from within Kansas,
or if the sender knows that the recipient is a Kansas resident.
The law also prohibits the distribution of software designed to
falsify routing information.
Kentucky
Kentucky has not enacted spam legislation. A Kentucky
court rule
(Ky. Sup. Ct. R. 3.130(7.09)(3)) requires attorneys who advertise via
written, recorded, or electronic communication targeted at potential
clients to include the words "THIS IS AN ADVERTISEMENT" prominently in
each communication.
Louisiana
A criminal statute approved in July 1999 makes it illegal to send
unsolicited bulk commercial e-mail to more than 1,000 recipients if the e-mail messages
contain falsified routing information or the sender uses a
provider's
facilities to transmit the messages in violation of the provider's
policies. The law also prohibits the distribution
of software designed to falsify routing information.
In July 2003 Louisiana amended its commercial law to include provisions
applicable to all unsolicited commercial e-mail. Such messages must have
a label ("ADV:")
at the beginning of the subject line, and include a valid
reply
address and opt-out instructions; the sender must also maintain a
functioning website for opt-out requests.
Under a provision added to Louisiana's obscenity law in June 2003, commercial
e-mail messages with sexually explicit content must include the characters
"ADV-ADULT" at the beginning of the subject line. A separate statute approved
in July 2003 provides that unsolicited commercial e-mail messages with obscene
content must include "ADV:ADLT" at the beginning of the subject line.
Louisiana bar rules require attorneys
who advertise via unsolicited e-mail targeted at potential clients to use a
subject line that states "This is an advertisement for legal services."
Maine
Maine enacted legislation in May 2003 that requires
unsolicited commercial e-mail to contain a label ("ADV:" or "ADV:ADLT") at the beginning of the
subject line, and include the sender's name and valid e-mail address
and opt-out instructions; opt-out requests must be honored.
Such messages may not use a third party's Internet address
or domain name without permission, nor contain falsified
routing information. The law applies to messages sent to two
or more recipients within the state.
Maryland
Under a Maryland consumer protection law enacted in May 2002, it is
illegal to send a commercial e-mail message that uses a third party's
domain name without permission; that contains false or missing
routing information; or with a false or misleading
subject line. The law applies if a message is sent from within
Maryland; if the sender knows that the recipient is a Maryland
resident; or if the registrant of the domain name contained in the
recipient's address will confirm upon request that the recipient
is a Maryland resident.
Under the Spam Deterrence Act approved in May 2004, it is a
misdemeanor to send unsolicited bulk commercial e-mail messages while misrepresenting
the point of origin or other routing information, or to transmit such
messages from or through a computer without authorization.
Massachusetts
The State of Massachusetts has not enacted legislation relating
to unsolicited bulk or commercial e-mail.
Michigan
Unsolicited
commercial
e-mail messages must include the sender's legal name, street address, domain name,
and valid return
e-mail address, along with an opt-out mechanism; a label ("ADV:") must appear at the beginning of the
subject
line. These provisions apply if a message is sent through an e-mail
service provider that the sender knows or should know is located in Michigan,
or to an e-mail address that the sender knows or should know is held by a
Michigan resident. In addition, unsolicited commercial e-mail messages sent
through Michigan providers or to Michigan residents may not misstate the
point or origin or routing information. The law also prohibits the distribution and
possession of software designed to falsify routing information.
Minnesota
A Minnesota law enacted in May 2002 prohibited
commercial
e-mail that uses a third party's domain name without permission, contains
false routing
information; or has a false or misleading
subject
line. Such messages were required to contain
opt-out instructions and contact information.
Unsolicited commercial e-mail messages were required to contain a
label ("ADV:" or "ADV-ADULT") at the beginning of the subject
line. The law applied to messages sent to Minnesota residents through
facilities located in Minnesota. The law expired by its own terms
when the federal CAN-SPAM Act
took effect.
Mississippi
The State of Mississippi has not enacted legislation relating
to unsolicited bulk or commercial e-mail.
Missouri
A Missouri law enacted in June 2000 requires
unsolicited commercial e-mail messages to contain
opt-out instructions and contact information.
Additional provisions enacted in July 2003 prohibit false or misleading
subject
lines, require a label ("ADV:" or "ADV:ADLT") at the beginning of the subject
line, and require senders to honor opt-out requests.
Montana
The State of Montana has not enacted legislation relating
to unsolicited bulk or commercial e-mail.
Nebraska
The State of Nebraska has not enacted legislation relating
to unsolicited bulk or commercial e-mail.
Nevada
In July 1997 Nevada became the first state to enact spam legislation.
As amended in 2001 and 2003, Nevada law provides that it is illegal to
send unsolicited commercial e-mail unless it is
labeled "ADV" or "ADVERTISEMENT" at the beginning of the
subject line, and includes the sender's name, street address, and e-mail
address, along with opt-out instructions. Nevada law prohibits all unsolicited e-mail
that contains falsified routing information; that is sent with the intent to
disrupt the normal operation or use of a computer, Internet site, or
e-mail address; or that is reasonably likely to cause such disruption.
The state also prohibits the distribution of software that is designed
to falsify routing information.
New Hampshire
The State of New Hampshire has not enacted legislation relating
to unsolicited bulk or commercial e-mail.
New Jersey
The State of New Jersey has not enacted legislation relating
to unsolicited bulk or commercial e-mail.
New Mexico
New Mexico enacted legislation in April 2003 requiring that
unsolicited commercial e-mail messages contain a
label ("ADV:" or "ADV:ADLT") at the beginning of the
subject line, and opt-out instructions at the top of the message body.
New York
The State of New York has not enacted legislation relating
to unsolicited bulk or commercial e-mail.
North Carolina
Legislation approved in June 1999 makes it illegal to send
unsolicited bulk commercial e-mail containing falsified
routing information, if the sender thereby violates a
provider's policies. The law applies to e-mail sent into or within
the state.
North Dakota
A North Dakota law enacted in April 2003 prohibited the sending
of unsolicited commercial e-mail messages that contain a false or misleading
subject line, use a third party's domain name without
permission, or misrepresent the point of origin or
routing information. The law required all commercial e-mail messages
to include an opt-out mechanism. In addition, unsolicited commercial messages
were required to contain a label ("ADV" or "ADV-ADULT") at the beginning of the
subject line. The law applied to messages sent from outside the state if
the sender knows that the recipient is a North Dakota resident, or if that
information is available upon request from the registrant of the domain
name contained in the recipient's e-mail address. The law included a
contingent expiration date provision, rendering it ineffective
following
enactment of the federal CAN-SPAM Act.
Ohio
An Ohio law approved in August 2002 requires
unsolicited
commercial
e-mail messages to contain the sender's name, address, and e-mail address,
along with opt-out
instructions, and requires senders to honor out-out requests; these
requirements do not apply to messages sent based upon a "direct referral"
from another person. It is illegal to forge the sender's address or other
routing information
in commercial e-mail messages. The law also enables a
provider to sue
a sender of commercial e-mail for violating the provider's
policies if (1)
the sender had actual notice of such policies, or (2) the policies were posted on the provider's
web site and were communicated electronically to the sender's computer.
Under a separate law effective in May 2005, it is a felony to falsify
the point of origin or routing information in unsolicited commercial e-mail.
Oklahoma
An Oklahoma law approved in June 1999 and amended in April 2003
makes it illegal to send an e-mail message that contains false or missing
routing
information, or to distribute software designed to falsify such
information. Unsolicited commercial e-mail messages must include a
label ("ADV:" or "ADV-ADULT:") at the beginning of the
subject
line, and must contain opt-out instructions. Such messages may not contain a
false or misleading subject line, nor use a third party's Internet address
or domain name in order to make it appear that the third party sent the message.
A court may exercise personal jurisdiction over a nonresident who sends a
message to or through the network of a provider located in Oklahoma.
Oregon
Oregon approved temporary legislation in September 2003,
effective until January 2, 2006.
The law requires a label ("ADV:") at the beginning of the
subject
line of unsolicited commercial e-mail, and prohibits all commercial e-mail
that uses a third party's domain name without permission or contains a false
or misleading subject line, point of origin, or
routing
information.
Pennsylvania
Under Pennsylvania laws approved in June 2000 and December 2002,
unsolicited
commercial
e-mail may not use a third party's domain name without permission or
include a false or misleading subject line, and must include a valid
reply address and
an opt-out mechanism. Sexually explicit unsolicited commercial e-mail must contain a
label ("ADV-ADULT") at the beginning of the subject line.
In addition, falsification of routing information in unsolicited e-mail is unlawful,
as is the distribution of software designed to facilitate
falsification of routing information.
Rhode Island
Under legislation approved in July 1999, it is illegal to send
unsolicited bulk e-mail with falsified
routing information using a Rhode Island
provider in violation of the provider's
policies, or to distribute software designed to falsify
routing information. A separate law requires unsolicited
commercial e-mail messages to include
opt-out instructions and contact information, and opt-out requests
must be honored; it is illegal to send unsolicited commercial e-mail
using a third party's domain name without permission or containing false
routing information. This law applies to messages sent from a computer
located in Rhode Island and to messages sent into the state, if the sender
had reason to know that the recipient was a Rhode Island resident or the
recipient had previously submitted an opt-out request to the sender.
South Carolina
The State of South Carolina has not enacted legislation relating
to unsolicited bulk or commercial e-mail.
South Dakota
Legislation approved in February 2002 prohibits sending
commercial e-mail that misrepresents or obscures its point of
origin or routing information, or contains a false or misleading
subject line. The law applies if a message is sent from within South
Dakota; if the sender knows that the recipient is a South Dakota resident; or
if the registrant of the domain name contained in the recipient's address
will confirm upon request that the recipient is a South Dakota resident.
Unsolicited
commercial e-mail messages must contain a label ("ADV:" or "ADV:ADLT") at the beginning of the
subject line.
Tennessee
Under legislation approved in June 1999,
unsolicited
bulk commercial e-mail messages must include
opt-out instructions and contact information, and opt-out
requests must be honored. Certain messages must contain a
label ("ADV:" or "ADV:ADLT") at the beginning of
the subject line. The law applies to e-mail that is
delivered to a Tennessee resident via a
provider's facilities located in Tennessee.
The distribution of software designed to falsify
routing information is also prohibited. (Use "without
authority" is defined to include sending
unsolicited bulk e-mail in violation of a provider's
policies, although the statute does not provide any
consequences for such use.)
A separate law enacted in June 2003 makes it a criminal offense
to falsify routing information in unsolicited bulk e-mail.
Texas
Texas enacted legislation in June 2003 requiring that
unsolicited commercial e-mail messages include a
label
("ADV:" or "ADV: ADULT ADVERTISEMENT") at the beginning of the
subject
line, and a functioning return e-mail address for
opt-out
requests, which must be honored. The law prohibits
unsolicited commercial messages with falsified
routing
information. False, deceptive, or misleading subject lines are
prohibited in all commercial e-mail messages, as is the unauthorized
use of a third party's domain name.
Utah
The State of Utah does not have legislation currently in force
relating to unsolicited bulk or commercial e-mail. A law enacted in
March 2002 and repealed effective in May 2004 applied to
unsolicited
commercial e-mail
and unsolicited sexually explicit e-mail
sent through a provider in Utah or to a resident of Utah. Such messages were
required to disclose the sender's name and physical address, and the point
of origin of the message; and had to
include a label ("ADV:"
or "ADV:ADULT") at the beginning of the subject line, along with opt-out instructions. The law also prohibited the falsification
of routing information
in such messages.
Vermont
The State of Vermont has not enacted legislation relating
to unsolicited bulk or commercial e-mail.
Virginia
Legislation approved in March 1999 makes it illegal to send
unsolicited bulk e-mail containing falsified
routing information, if the sender thereby violates a
provider's policies, or to distribute software designed to falsify routing
information. A court may exercise personal jurisdiction over a nonresident
who uses a computer or computer network located in Virginia.
The law was amended in April 2003 to increase the penalties
for sending a high volume of messages containing falsified
routing information.
Washington
Under a Washington state law enacted in March 1998 and amended
in May 1999, it is illegal to send a
commercial e-mail message that uses a third party's domain
name without permission; that contains false or missing
routing information; or with a false or misleading
subject line. The law applies if a message is sent from within
Washington; if the sender knows that the recipient is a Washington
resident; or if the registrant of the domain name contained in the
recipient's address will confirm upon request that the recipient
is a Washington resident.
West Virginia
A law enacted in March of 1999 makes it illegal to send
unsolicited bulk e-mail messages in violation of a
provider's policies that use a third party's domain name without permission,
misrepresent the point of origin or other
routing information, have a false or misleading
subject line, or contain sexually explicit materials.
Each message must include the sender's name and return e-mail
address, along with the date and time it was sent. It is also
illegal to distribute software designed to falsify routing
information. The law applies if a message is sent from a computer
located in West Virginia, or if the sender knows or has reason
to know that the recipient is a resident of West Virginia.
Wisconsin
In June 2001 Wisconsin enacted a statute that requires
unsolicited commercial e-mail messages that contain
obscene material or depict sexually explicit conduct to
include the words "ADULT ADVERTISEMENT" in the
subject line.
A separate Wisconsin statute prohibits e-mail harassment (Wis. Stat. § 947.0125), but does not appear to
apply to most unsolicited bulk or commercial e-mail.
Wyoming
A Wyoming law approved in March 2003 (effective July 1, 2003)
prohibits commercial
e-mail that uses a third party's domain name without permission,
includes a false or misleading subject line, or misrepresents its point of origin or other
routing information.
It is unlawful to assist in the transmission of such messages, which apparently
includes operating an open relay.
The law applies to messages sent from outside Wyoming if the sender knows that the
recipient is a resident of Wyoming or a jurisdiction with a similar law, or if
that information is available upon request from the registrant of the domain
name contained in the recipient's e-mail address.
