Idaho Code § 48-603E
§ 48-603E. Unfair bulk electronic mail advertisement practices
(1)
For purposes of this section, unless the context otherwise requires:
(a)
"Bulk electronic mail advertisement" means an electronic message, containing the same or similar
advertisement, which is contemporaneously transmitted to two (2) or more recipients, pursuant to an internet
or intranet computer network.
(b)
"Computer network" means a set of related, remotely connected devices and communication facilities,
including two (2) or more computers, with the capability to transmit data among them through communication
facilities.
(c)
"Interactive computer service" means an information service, system or access software provider that
provides or enables computer access by multiple users to a computer server, including specifically a service
or system that provides access to the internet, and such systems operated or services offered by a library or
an educational institution.
(d)
"Recipient" means a person who receives any bulk electronic mail advertisements.
(2)
Any person who uses an interactive computer service to initiate or cause the sending or transmittal of any
bulk electronic mail advertisement shall provide an electronic mail address readily identifiable in the bulk
electronic mail advertisement to which the recipient may send a request for declining such mail.
(3)
It is unlawful for a person to use an interactive computer service to initiate or cause the sending or
transmittal of any bulk electronic mail advertisement to any recipient that the sender knows, or has reason to
know, engages in any of the following:
(a)
Uses the name of a fictitious name of a third party in the return address field without the permission
of the third party.
(b)
Misrepresents any information in identifying the point of origin of the transmission path of the bulk
electronic mail advertisement.
(c)
Fails to contain information identifying the point of origin of the transmission path of the bulk
electronic mail advertisement.
(d)
Sends or transmits, at any time after five (5) business days of a declination, any bulk electronic mail
advertisement to a recipient who provided the sender with a request declining the receipt of such
advertisements.
(4)
Pursuant to section 48-608, Idaho Code, a recipient that receives a bulk electronic mail advertisement in
violation of this section may bring an action to recover actual damages. The recipient, in lieu of actual
damages, may elect to recover from the person transmitting or causing to be transmitted such bulk electronic
mail advertisement the greater of one hundred dollars ($ 100) for each bulk electronic mail advertisement
transmitted to the recipient in violation of this section or one thousand dollars ($ 1,000).
(5)
This section does not apply to any of the following:
(a)
A person, including an interactive computer service, who provides users with access to a computer
network, and as part of that service, transmits electronic mail on behalf of those users, unless such person
transmits bulk electronic mail advertisements on behalf of those users which the person knows, or should have
known, were transmitted in violation of this section.
(b)
Electronic mail advertisements which are accessed by the recipient from an electronic bulletin board.
(c)
A person who provides users with access at no charge to electronic mail, including receiving and
transmitting bulk electronic mail advertisements, and, as a condition of providing such access, requires such
users to receive unsolicited advertisements.
(d)
The transmission of bulk electronic mail advertisements from an organization or similar entity to the
members of such organization.
(6)
An interactive computer service is not liable under this section for an action voluntarily taken in good
faith to block or prevent the receipt or transmission through its service of any bulk electronic mail
advertisement which is reasonably believed to be in violation of this section.
