AB685-ASA1,3,3
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
25solicitations.
AB685-ASA1,4,3
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
11information.
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
14information.
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
25services.
AB685-ASA1,5,4
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
10section.
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
21period.
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.
AB685-ASA1,6,3
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.
AB685-ASA1,6,108 2. The person has previously been convicted of violating any law of this state
9or another state, or a federal law, that regulates the transmission of electronic mail
10solicitations.
AB685-ASA1,6,1311 (e) In addition to the penalties authorized under pars. (a) to (d), a court may
12order that a person who is guilty of violating this section forfeit to the state any of
13the following:
AB685-ASA1,6,1514 1. Money or other things of value the person obtained as a result of violating
15this section.
AB685-ASA1,6,1816 2. Personal property used in connection with a violation of this section, if the
17owner of the personal property knew it was used in connection with a violation of this
18section.
AB685-ASA1,6,21 19(5) Civil forfeitures. (a) The department may initiate a civil action against
20a person who violates this section and recover a civil penalty in the following
21amounts:
AB685-ASA1,6,2322 1. Not more than the greater of $25,000 per day of violation, or $8 per electronic
23mail solicitation sent in violation of this section.
AB685-ASA1,7,224 2. If the court finds the person sent an electronic mail in violation of this section
25to a computer that the person knew or should have known was accessible to a minor,

1the amount under subd. 1. plus an additional forfeiture not to exceed $10,000 per
2violation.
AB685-ASA1,7,43 (b) An action under this subsection shall be initiated not later than 2 years after
4the last violation.
AB685-ASA1,7,9 5(6) Affirmative defense. (a) It is an affirmative defense to the sending of an
6electronic mail solicitation in violation of this section if the person who sent the
7electronic mail solicitation demonstrates, by a preponderance of the evidence, that
8the electronic mail solicitation was sent in error and the person did all of the
9following:
AB685-ASA1,7,1110 1. Provided to recipients of the electronic mail solicitations a reasonable
11opportunity to request that the person send no further electronic mail solicitations.
AB685-ASA1,7,1412 2. Established and implemented, with due care, reasonable practices and
13procedures effectively to prevent the sending of electronic mail solicitations from
14that person in violation of this section.
AB685-ASA1,7,1615 3. Trained the person's employees, if any, with regard to the requirements of
16this section.
AB685-ASA1,7,2017 (b) No person may exercise the defense under par. (a) more than once in any
1812-month period. A person exercises the defense if the defense is asserted in
19response to any complaint made to the department about a violation of this section,
20regardless of whether litigation has been initiated.
AB685-ASA1,7,23 21(7) Immunity. An electronic mail service provider is immune from civil liability
22for any good faith acts or omissions related to the blocking of electronic mail
23solicitations sent in violation of this section.
AB685-ASA1,8,3
1(8) Territorial application. This section applies to any interstate electronic
2mail solicitation sent or received by a person in this state and any intrastate
3electronic mail solicitation.
AB685-ASA1, s. 3 4Section 3. 165.25 (4) (ar) of the statutes is amended to read:
AB685-ASA1,8,105 165.25 (4) (ar) The department of justice shall furnish all legal services
6required by the department of agriculture, trade and consumer protection relating
7to the enforcement of ss. 100.171, 100.173, 100.174, 100.175, 100.177, 100.18,
8100.182, 100.20, 100.205, 100.207, 100.209, 100.21, 100.28, 100.37, 100.42, 100.50
9and, 100.51, and 100.54 and chs. 126, 136, 344, 704, 707, and 779, together with any
10other services as are necessarily connected to the legal services.
AB685-ASA1, s. 4 11Section 4. 943.201 (2m) of the statutes is created to read:
AB685-ASA1,8,1512 943.201 (2m) Notwithstanding the maximum fine specified in s. 939.50 (3) (h),
13a person who violates sub. (2) may be fined not more than $20,000 if, in committing
14that violation, the person used identifying information, as defined in s. 100.54 (1)
15(bg), obtained through a violation of s. 100.54 (2) (a) 7.
AB685-ASA1, s. 5 16Section 5. Nonstatutory provisions.
AB685-ASA1,8,1817 (1) The assembly chief clerk shall send a copy of this act to the attorney general
18of each state and to the attorney general of the United States.
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