LRB-2314/1
MGG:kmg:jf
2001 - 2002 LEGISLATURE
June 28, 2001 - Introduced by Senators Risser, Roessler, Burke, Decker,
Huelsman and Hansen, cosponsored by Representatives Krug, Musser, Bock,
Urban, Hahn, Albers and Ott. Referred to Committee on Privacy, Electronic
Commerce and Financial Institutions.
SB212,1,2
1An Act to create 134.74 of the statutes;
relating to: restrictions on the
2transmission of unsolicited electronic mail.
Analysis by the Legislative Reference Bureau
Current law restricts the transmittal of unsolicited messages by facsimile
machine for the purpose of encouraging customers to purchase property, goods, or
services. This bill imposes similar restrictions on the transmittal of unsolicited
electronic mail for this purpose. Under the bill, a person sending such electronic mail
(solicitor) may not transmit an unsolicited message without the consent of the person
being solicited unless the message is sent during nighttime hours and will be less
than one page in length if printed and the person being solicited has or has had a
previous business relationship with the solicitor.
The bill also imposes a prohibition on any electronic mail solicitation to a person
who has notified a solicitor in writing or by electronic mail that the person does not
want to receive electronic mail solicitations.
The restrictions and prohibitions under the bill do not apply to a person who
provides computer users with access to a computer network and who, as part of that
service, transmits electronic mail to those users.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB212, s. 1
3Section
1. 134.74 of the statutes is created to read:
SB212,2,2
1134.74 Restrictions on unsolicited electronic mail. (1) Definitions. In
2this section:
SB212,2,53
(a)
"Electronic mail solicitation" means the unsolicited transmission of a
4message by electronic mail for the purpose of encouraging a person to purchase
5property, goods, or services.
SB212,2,66
(b) "Solicitor" means a person who makes an electronic mail solicitation.
SB212,2,8
7(2) Restrictions. No solicitor may make an electronic mail solicitation without
8the prior consent of the person solicited unless all of the following apply:
SB212,2,99
(a) The electronic mail solicitation will not exceed one page in length if printed.
SB212,2,1010
(b) The electronic mail solicitation is transmitted after 9 p.m and before 6 a.m.
SB212,2,1211
(c) The solicitor has or has had a business relationship with the person
12solicited.
SB212,2,15
13(3) Prohibition. No solicitor may make any electronic mail solicitation to a
14person who has notified the solicitor in writing or by electronic mail that the person
15does not want to receive electronic mail solicitations.
SB212,2,19
16(4) Exceptions. Subsections (2) and (3) do not apply to a person who provides
17computer users with access to a computer network and who, as part of that service,
18transmits electronic mail solicitations, other than electronic mail solicitations
19prepared by the person providing access to the computer network, to those users.
SB212,2,21
20(5) Territorial application. This section applies to any electronic mail
21solicitation received by a person in this state.
SB212,2,2423
(1) This act first applies to electronic mail solicitations transmitted on the
24effective date of this subsection.
