LRB-0135/1
MGG:kmg:jf
2003 - 2004 LEGISLATURE
February 12, 2003 - Introduced by Senators Risser, Schultz, Hansen, Roessler
and M. Meyer, cosponsored by Representatives Krug, Black, Gunderson,
Coggs, Plouff, A. Williams, Turner and Berceau. Referred to Committee on
Judiciary, Corrections and Privacy.
SB36,1,2
1An Act to create 134.75 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 person being solicited has or has had a previous business
relationship with the solicitor, the solicitation contains the legal name, street
address, and electronic mail address of the solicitor, or the solicitation contains a
statement that it is being made for the purpose of encouraging the person being
solicited to purchase property, goods, or services.
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:
SB36, s. 1
1Section
1. 134.75 of the statutes is created to read:
SB36,2,3
2134.75 Restrictions on unsolicited electronic mail. (1) Definitions. In
3this section:
SB36,2,64
(a) "Electronic mail solicitation" means the unsolicited transmission of a
5message by electronic mail for the purpose of encouraging a person to purchase
6property, goods, or services.
SB36,2,77
(b) "Solicitor" means a person who makes an electronic mail solicitation.
SB36,2,9
8(2) Restrictions. No solicitor may make an electronic mail solicitation to a
9person without the consent of the person solicited unless any of the following applies:
SB36,2,1110
(a) The person solicited has or had a business or personal relationship with the
11solicitor.
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(b) The electronic mail solicitation contains a statement that it is made for the
13purpose of encouraging the person to purchase property, goods, or services.
SB36,2,1514
(c) The electronic mail solicitation contains the legal name, street address, and
15electronic mail address of the solicitor.
SB36,2,19
16(3) Prohibition. No solicitor may make any electronic mail solicitation to a
17person who has notified the solicitor in writing or by electronic mail, at least 30 days
18before the solicitor makes the solicitation, that the person does not want to receive
19electronic mail solicitations.
SB36,3,2
20(4) Exceptions. Subsections (2) and (3) do not apply to a person who provides
21computer users with access to a computer network and who, as part of that service,
22transmits electronic mail solicitations, other than electronic mail solicitations
23prepared by the person providing access to the computer network, to those users.
24Nothing in this section shall be construed to prohibit a provider of Internet access
25service from adopting and implementing a more restrictive policy, or entering into
1and enforcing a more restrictive contract, under which the provider may decline to
2transmit any electronic mail solicitation that violates that policy or contract.
SB36,3,4
3(5) Territorial application. This section applies to any electronic mail
4solicitation received by a person in this state.
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5(6) Damages. (a) A solicitor who violates sub. (2) or (3) is liable to the person
6solicited in an amount equal to the person's damages or $10 for each electronic mail
7solicitation made to the person in violation of sub. (2) or (3), whichever is greater.
SB36,3,98
(b) In addition to the amounts under par. (a), a person who recovers damages
9under par. (a) may recover costs and, notwithstanding s. 814.04 (1), attorney fees.
SB36,3,11
10(7) Injunctive relief. A court may grant an injunction against a person who
11violates this section, in addition to awarding damages under sub. (6).
SB36,3,1413
(1) This act first applies to electronic mail solicitations transmitted on the
14effective date of this subsection.
