2005 - 2006 LEGISLATURE
October 17, 2005 - Offered by Representative Davis.
AB685-ASA1,1,4 1An Act to amend 100.264 (2) (intro.) and 165.25 (4) (ar); and to create 100.54
2and 943.201 (2m) of the statutes; relating to: regulating certain electronic
3mail solicitations and practices related to electronic mail solicitations and
4providing penalties.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB685-ASA1, s. 1 5Section 1. 100.264 (2) (intro.) of the statutes is amended to read:
AB685-ASA1,2,26 100.264 (2) Supplemental forfeiture. (intro.) If a fine or a forfeiture is
7imposed on a person for a violation under s. 100.16, 100.17, 100.18, 100.182, 100.183,
8100.20, 100.205, 100.207, 100.21, 100.30 (3), 100.35, 100.44 or, 100.46, or 100.54 or
9a rule promulgated under one of those sections, the person shall be subject to a
10supplemental forfeiture not to exceed $10,000 for that violation if the conduct by the
11defendant, for which the violation was imposed, was perpetrated against an elderly

1person or disabled person and if the court finds that any of the following factors is
AB685-ASA1, s. 2 3Section 2. 100.54 of the statutes is created to read:
AB685-ASA1,2,4 4100.54 Electronic mail solicitations. (1) Definitions. In this section:
AB685-ASA1,2,75 (a) "Electronic mail service provider" means any person that is an intermediary
6in providing Internet users with an electronic mail address and the ability to send
7or receive electronic mail.
AB685-ASA1,2,128 (b) "Electronic mail solicitation" means an electronic mail message, including
9any program or document attached to the messages, that is sent by a person other
10than a state or federal agency without the consent of the recipient for the purpose
11of selling or leasing or offering to sell or lease property, goods, or services to the
AB685-ASA1,2,1313 (bg) "Identifying information" means any of the following:
AB685-ASA1,2,1514 1. The unique identifying driver number assigned to an individual by the
15department of transportation under s. 343.17 (3) (a) 4.
AB685-ASA1,2,1616 2. An individual's social security number.
AB685-ASA1,2,1817 3. The identifying number of an individual's depository account, as defined in
18s. 815.18 (2) (e).
AB685-ASA1,2,2019 4. An individual's unique biometric data, including fingerprint, voice, retina or
20iris image, or other unique physical representation.
AB685-ASA1,2,2121 5. An individual's electronic signature, as defined in s. 178.46 (1g) (c).
AB685-ASA1,2,2522 6. Any other unique code, number, information, or data pertaining to an
23individual that can be used, alone or in conjunction with another object or device, to
24obtain, access, or transfer the individual's money, goods, services, benefits, or any
25other thing of value.
1(br) "Internet" means the international computer network of both federal and
2nonfederal interoperable packet switched data networks, including the graphical
3subnetwork known as the World Wide Web.
AB685-ASA1,3,54 (c) "Internet user" means a person that maintains an electronic mail address
5with an electronic mail service provider.
AB685-ASA1,3,86 (e) "Send" means to initiate the transmission of an electronic mail message, but
7does not include any transmission of an electronic mail message by an electronic mail
8service provider.
AB685-ASA1,3,109 (fm) "Web site" means a location on the Internet with a single uniform resource
10locator or any other single location on the Internet.
AB685-ASA1,3,12 11(2) Prohibitions. (a) Except as provided in par. (b), no person may do any of
12the following:
AB685-ASA1,3,1513 1. Send an electronic mail solicitation that misrepresents the identity,
14telephone number, return electronic mail address, or street mailing address of the
15person sending the electronic mail solicitation.
AB685-ASA1,3,1816 2. Send, conspire with another person to send, or aid or abet the sending of an
17electronic mail solicitation that misrepresents or obscures information identifying
18the transmission path of the electronic mail solicitation.
AB685-ASA1,3,1919 3. Send more than one electronic mail solicitation if any of the following apply:
AB685-ASA1,3,2220 a. The person obtains 15 or more electronic mail accounts or Internet user
21accounts by falsely representing the person's identity and uses the accounts to
22knowingly send the electronic mail solicitations.
AB685-ASA1,3,2523 b. The person obtains 2 or more Internet domain names by falsely representing
24the person's identity and uses the domain names to send the electronic mail
1c. The person falsely represents the right to use 5 or more Internet protocol
2addresses and uses the Internet protocol addresses to send more than one electronic
3mail solicitation.
AB685-ASA1,4,64 d. Without authorization, the person accesses the protected computer of
5another and intentionally sends more than one electronic mail solicitation using the
6protected computer.
AB685-ASA1,4,87 4. Sell, give, or otherwise distribute, or possess with the intent to sell, give, or
8otherwise distribute, software that is any of the following:
AB685-ASA1,4,119 a. Primarily designed or produced for the purpose of facilitating or enabling the
10falsification of electronic mail transmission information or other routing
AB685-ASA1,4,1412 b. Of limited commercially significant purpose other than to facilitate or enable
13the falsification of electronic mail transmission information or other routing
AB685-ASA1,4,1715 c. Marketed by that person or someone in concert with that person for use in
16facilitating or enabling the falsification of electronic mail transmission information
17or other routing information.
AB685-ASA1,4,2118 5. Sell an electronic mail address to another person for the purpose of
19facilitating or enabling the falsification of commercial electronic mail transmission
20information unless the seller first obtains the electronic mail address holder's
21permission to sell that electronic mail address.
AB685-ASA1,4,2522 6. Collect electronic mail addresses appearing on the Internet for the purpose
23of sending, or advertising in, an electronic mail solicitation that contains fraudulent
24or misleading information or that solicits the sale or lease of fraudulent products or
17. Solicit identifying information from another by using an electronic mail
2message, Web site, or other Internet communication that represents that the
3electronic mail message, Web site, or other Internet communication originates from
4a business, without the authorization of the business.
AB685-ASA1,5,85 (b) Paragraph (a) 1. to 3. does not apply to a person who, through an automatic
6technical process, transmits, routes, relays, handles, or stores an electronic mail
7solicitation, if the identity or address of the recipient of the electronic mail
8solicitation is determined by another.
AB685-ASA1,5,10 9(3) Enforcement. (a) The department may investigate violations of this
AB685-ASA1,5,1511 (b) The department shall maintain an Internet Web site that explains how a
12person who receives electronic mail solicitation that violates this section may file a
13complaint with the department. The Internet Web site shall be designed to enable
14a viewer of the Web site to send a complaint to the department in the form of
15electronic mail.
AB685-ASA1,5,17 16(4) Criminal penalties. (a) Except as provided in pars. (b) to (d), whoever
17violates this section is guilty of a Class A misdemeanor.
AB685-ASA1,5,1918 (b) Whoever violates this section is guilty of a Class I felony if any of the
19following apply:
AB685-ASA1,5,2120 1. The person sends more than 250 electronic mail solicitations in any 24-hour
AB685-ASA1,5,2222 2. The violation causes a loss of more than $500 in any 12-month period.
AB685-ASA1,5,2423 3. The person acts in concert with 3 or more others as a leader or organizer of
24the conduct that violates this section.
1(c) Whoever violates sub. (2) (a) 3. is guilty of a Class I felony, if the person
2obtains 20 or more electronic mail accounts or Internet user accounts by falsely
3representing the person's identity.
AB685-ASA1,6,44 (cm) Whoever violates sub. (2) (a) 7. is guilty of a class H felony.
AB685-ASA1,6,65 (d) Whoever violates this section is guilty of a Class H felony, if any of the
6following apply:
AB685-ASA1,6,77 1. The person acted in furtherance of a felony.