Idaho Passes New Spam Statute That Becomes Effective July 1, 2000

On April 17, 2000, the Idaho legislature passed a new law governing bulk e-mail advertisements (“spam”), which becomes effective on July 1, 2000. The new statute governs e-mail messages that contain the same or similar advertisement and are contemporaneously transmitted to two or more recipients.

Under the new statute:

• The sender may not transmit bulk e-mail using a fictitious name of a third party in the return address without the permission of the third party;
• The sender must clearly and accurately identify the point of origin of the transmission path of the bulk e-mail advertisement;
• All bulk e-mail advertisements must include within the e-mail an easily identifiable e- mail address to which recipients may send a request for declining such mail; and
• If a recipient requests to decline future e-mail messages, the sender must cease the transmittal of any bulk e-mail advertisements to that recipient within five business days after receiving recipient’s request.

The statute does not apply to:

• Interactive computer services that transmit bulk e-mail on behalf of their users;
• E-mail advertisements that are accessed from an electronic bulletin board;
• Entities that provide free e-mail, where, as a condition of providing such access, users must receive unsolicited advertisements; or
• The transmission of bulk e-mail from an organization to its members.
• Idaho joins approximately 14 other states that have enacted legislation governing the distribution of bulk e-mail advertisements. Before sending such e-mail, please consult us to discuss the requirements that may apply to your company.