Introduced by Senator Raggio
Prefiled on January 14,
1997
As amended and passed by Assembly June 30, 1997 (third
reprint)
Amended version concurred in by Senate July 1, 1997
AN ACT relating to actions concerning persons; providing that a person
who transmits certain items of electronic mail is liable to the recipient
for civil damages under certain circumstances; providing that the district
court may enjoin a person from transmitting certain items of electronic mail
under certain circumstances; and providing other matters properly relating
thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND
ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 Chapter 41 of NRS is hereby amended by adding
thereto the provisions set forth as sections 2 to 8, inclusive, of this
act.
Sec. 2 As used in sections 2 to
8, inclusive, of this act, unless the context otherwise requires, the words
and terms defined in sections 3 to 6, inclusive, of this act have the meanings
ascribed to them in those sections.
Sec. 3 "Advertisement" means
material that:
1. Advertises for commercial purposes the availability
or the quality of real property, goods or services; or
2. Is otherwise designed or intended to solicit a
person to purchase real property, goods or services.
Sec. 4 "Electronic mail" means a
message, a file or other information that is transmitted through a local,
regional or global network, regardless of whether the message, file or other
information is:
1. Viewed;
2. Stored for retrieval at a later time;
3. Printed onto paper or other similar material;
or
4. Filtered or screened by a computer program that is
designed or intended to filter or screen items of electronic
mail.
Sec. 5 "Network" means a network
comprised of one or more computers that may be accessed by a modem, electronic
or optical technology or other similar means.
Sec. 6 "Recipient" means a
person who receives an item of electronic mail.
Sec. 7 1. Except as otherwise
provided in section 8 of this act, if a person transmits or causes to be
transmitted to a recipient an item of electronic mail that includes an
advertisement, the person is liable to the recipient for civil damages
unless:
(a) The person has a preexisting business or
personal relationship with the recipient; or
(b) The recipient has expressly consented to receive
the item of electronic mail from the person; or
(c) The advertisement is readily identifiable as
promotional, or contains a statement providing that it is an advertisement,
and clearly and conspicuously provides:
(1) The legal name, complete street address and
electronic mail address of the person transmitting the electronic mail;
and
(2) A notice that the recipient may decline to
receive additional electronic mail that includes an advertisement from the
person transmitting the electronic mail and the procedures for declining
such electronic mail.
2. If a person is liable to a recipient pursuant to
subsection 1, the recipient may recover from the person:
(a) Actual damages or damages of $10 per item of
electronic mail received, whichever is greater; and
(b) Attorney's fees and costs.
3. In addition to any other recovery that is allowed
pursuant to subsection 2, the recipient may apply to the district court of the
county in which the recipient resides for an order enjoining the person from
transmitting to the recipient any other item of electronic mail that includes
an advertisement.
Sec. 8 1. If a person provides
users with access to a network and, as part of that service, transmits items
of electronic mail on behalf of those users, the person is immune from
liability for civil damages pursuant to sections 2 to 8, inclusive, of this
act, unless the person transmits an item of electronic mail that includes an
advertisement he prepared or caused to be prepared.
2. The provisions of sections 2 to 8, inclusive, of
this act do not apply to an item of electronic mail that is obtained by a
recipient voluntarily. This subsection includes, but is not limited to, an
item of electronic mail that is obtained by a recipient voluntarily from an
electronic bulletin board.