Maryland Spam Law

[Luke_Wilbur]

Under a Maryland law enacted in May 2002, it is illegal to send a commercial e-mail message that uses a third party's domain name without permission; that contains false or missing routing information; or with a false or misleading subject line. The law applies if a message is sent from within Maryland; if the sender knows that the recipient is a Maryland resident; or if the registrant of the domain name contained in the recipient's address will confirm upon request that the recipient is a Maryland resident.

 

MARYLAND COMMERCIAL LAW CODE

TITLE 14. MISCELLANEOUS CONSUMER PROTECTION PROVISIONS

SUBTITLE 30. COMMERCIAL ELECTRONIC MAIL

(Enacted in 2002)

 

 

 

§ 14-3001.

 

(a) In this subtitle the following words have the meanings indicated.

 

( (1) "Commercial electronic mail" means electronic mail that advertises real property, goods, or services for sale or lease.

 

 

(2) "Commercial electronic mail" does not include electronic mail to which an interactive computer service provider has attached an advertisement in exchange for free use of an electronic mail account.

 

© (1) "Interactive computer service provider" means an information service, system, or access software provider that provides or enables computer access by multiple users to a computer service.

 

 

(2) "Interactive computer service provider" includes a service or system that provides access to the internet and systems operated or services offered by a library or educational institution.

 

 

 

§ 14-3002.

 

(a) This section does not apply to an interactive computer service provider or a telecommunication utility to the extent that the interactive computer service provider or the telecommunication utility merely handles, retransmits, or carries a transmission of commercial electronic mail.

 

( A person may not initiate the transmission, conspire with another person to initiate the transmission, or assist in the transmission of commercial electronic mail that:

 

 

(1) is from a computer in the state or is sent to an electronic mail address that the sender knows or should have known is held by a resident of the state; and

(2) (i) uses a third party's internet domain name or electronic mail address without the permission of the third party;

(ii) contains false or misleading information about the origin or the transmission path of the commercial electronic mail; or

(iii) contains false or misleading information in the subject line that has the capacity, tendency, or effect of deceiving the recipient.

 

© a person is presumed to know that the intended recipient of commercial electronic mail is a resident of the state if the information is available on request from the registrant of the internet domain name contained in the recipient's electronic mail address.

 

(d) an interactive computer service provider:

 

 

(1) may block the receipt or transmission through its interactive computer service of commercial electronic mail that it reasonably believes is or will be sent in apparent violation of this section; and

(2) may not be held liable for an action under item (1) of this subsection that is voluntarily taken in good faith.

 

 

 

§ 14-3003.

 

A person who violates this subtitle is liable for reasonable attorney's fees and for damages:

 

(1) to the recipient of commercial electronic mail, in an amount equal to the greater of $500 or the recipient's actual damages;

(2) to the third party without whose permission the third party's internet domain name or electronic mail address was used, in an amount equal to the greater of $500 or the third party's actual damages; and

(3) to an interactive computer service provider, in an amount equal to the greater of $1,000 or the interactive computer service provider's actual damages.