Unsolicited or Junk Mail Laws
Unsolicited or Junk Mail Two California State Assembly bills became law on January 1, 1999. They are intended to help control unsolicited e-mail. These were: Assembly Bill 1676 which modified Section 17538.4 of the Business and Professions Code, relating to advertising. Assembly Bill 1629 which amended Section 17511.1 of, and added Section 17538.45 to, the Business and Professions Code and amended Section 502 of the Penal Code, relating to advertising. The second bill defines unsolicited e-mail advertisement as any e-mail advertisement that meets both of the following requirements: o It is addressed to a recipient with whom the initiator does not have an existing business or personal relationship. It is not sent at the request of or with the express consent of the recipient.
What Does the User Need to Know About These New Laws?
It shall be the user's responsibility to inform the sender that no more unsolicited email shall be sent to them. If the sender refuses to comply or does not provide the appropriate statement for users to be removed from their list, the recipient may take civil action against the sender. Since Cal Poly is a public institution, subject to federal laws and the first amendment, and cannot easily differentiate between employee and student recipients, Cal Poly will not act on the employee's behalf to stop unsolicited e-mail messages unless they affect a substantial number of users per mailing. On-campus users found in violation of these new laws could be subject to criminal prosecution, civil prosecution, administrative action, and/or loss of some or all computing privileges.
Do These Laws Affect Official Cal Poly Mailings?
Cal Poly reserves the right to send e-mail to its own users. Email should be limited to where a business relationship exists in the context of the message being sent. For example, this means that computer system management may send a message to computer system users, which contains material that can have an effect on all of them. It also means that an official unit on campus may also send e-mail to its users when the content of the message would apply to all of the users targeted. Information Technology Services is working with other campus groups to solidify this concept into a working e-mail policy for the campus.
What are the Implications of These Bills?
There are several implications of these bills and the user and vendor responsibilities. Assembly Bill 1676 Implications: ------------------------------- Unsolicited e-mail of advertising material for the lease, sale, rental, gift offer, or other disposition of any realty, goods, services, or extension of credit is prohibited when sent to a California resident unless the sender establishes a toll-free number or valid sender operated return e-mail address that the recipient of the unsolicited documents may call or email to notify the sender not to e-mail any further un-solicited documents. Such e-mail messages shall include a statement at the beginning of the message with the toll-free number to call or the e-mail address to use when requesting no further mailings. Assembly Bill 1629 Implications: ------------------------------- Unsolicited advertising e-mail sent by a user of a site in violation of that site's policy is prohibited. The site owner (e.g., Cal Poly) may take civil action against the sender who used their resources to send the advertising material. The service provider can recover actual costs or liquidated damages of $50 per e-mail message initiated or delivered in violation of the law up to a maximum of $25,000 per day. In addition, Cal Poly has the right to take administrative action against users who violate University Policy. Causing damage to a computer, computer system, or network by the sending of one or more e-mail messages is prohibited. The site owner may take civil action against the sender for damages caused by the action. More information on these Assembly Bills and other California Laws can be accessed at the web site http://www.leginfo.ca.gov/.
Need Assistance?
Can't find the information you need? Contact the Service Desk at (805) 756-7000 or send an email to servicedesk@calpoly.edu.
