JURISDICTION	STATUTE / PENDING BILL	GENERAL RULE(S)	DEFINITION OF "SPAM"	ROUTING INFORMATION	RETURN ADDRESS	LABELING (SUBJECT LINE)	OPT-IN / OPT-OUT	WHO CAN BRING SUIT / PENALTIES
European Parliament
	Electronic Communication Privacy Directive (approved May 30, 2002)	Prohibits spam unless subscribers opt-in.	Unsolicited communications for direct marketing purposes.  Not unsolicited if there is an existing customer relationship.				Must opt-in, and have opportunity to opt-out.
United States - Federal Laws
U.S. Senate
	Controlling the Assault of Non-Solicited Pornography and Marketing (CAN SPAM) Act of 2001/2002 (S.630)	Prohibits disguising the source of e-mail, and requires the ability to opt-out of future communications.	Any unsolicited commercial electronic mail, the primary purpose of which is to advertise or promote, for a commercial purpose, product, or service, including content on a website.	Header information must not be materially or intentionally false or misleading.	Must have functioning return e-mail address to opt-out.  Must contain valid physical postal address of the sender.	Must be identified as an advertisement.  The subject line must not "knowingly" mislead.	Require opt-out mechanism	Criminal Penalty:  Enforced by FTC - criminal fine or imprisonment up to 1 year.      Civil Penalty: Attorneys general of the state can bring suit on behalf of residents - actual damages or civil fine up to $10 per unlawful message up to $500,000 ($1.5 million if willful and knowing violation); and Service Provider has civil action - actual damages, or $10 per unlawful e-mail up to $500,000.
U.S. House of Representatives
	H. R. 718 - Unsolicited Commercial Electronic Mail Act of 2001.	Prohibits false headers in unsolicited bulk commercial e-mail.  Requires an opt-out mechanism and accurate identifying information.	Commercial electronic mail message that primarily advertises or promotes the commercial availability of a product or services for profit or invites the recipient to view content on an Internet web site that is operated for a commercial purpose.	Prohibits sending e-mail with knowledge that any domain name, header information, date or time stamp, originating e-mail address, or other information identifying the initiator or the routing is false or inaccurate.	Requires the physical mailing address of the initiator.  Also requires a valid e-mail address, conspicuously displayed, to which a recipient can send an opt-out request.	Requires identification that the message is an unsolicited commercial e-mail.	Requires ability to opt-out via a reply to a valid e-mail address.  Prohibits sending e-mail after a recipient opts out.  If a service provider charges advertisers to send unsolicited e-mail through its system, then service provider must give subscribers an option not to receive unsolicited commercial e-mail (unless unsolicited mail is a condition for the use of a free e-mail account).	Enforced by the Federal Trade Commission under the FTC Act.        Criminal Penalty: Criminal punishment for fraudulent routing information.                            Civil Penalty:  Recipient or service provider - injunction; greater of actual damages or $500 per violation not to exceed $50,000; treble damages if willful or repeated violation; attorneys fees.  No class action suits allowed.   Attorney general may bring suit on behalf of residents of the state.
	H. R. 1017 - Anti-spamming Act of 2001.	Prohibits unsolicited bulk e-mail messages containing a falsified header or address of the sender.  Prohibits distribution of software designed to falsify headers or transmission information.	Any unsolicited transmission of substantially identical e-mail messages except messages initiated by any person to others with whom such person has a prior relationship or to recipients who have requested such communications.	Prohibits false sender addresses and headers.  Prohibits distribution of software designed to falsify headers or transmission information.				Civil Penalty:  Actual damages; and statutory damages of $15,000 per violation or an amount up to $10 per violation, whichever is greater.
	H. R. 3146 - Netizens Protection Act of 2001.	Requires all unsolicited e-mail to contain sender's name, address and opt out instructions.  Prohibits misleading subject lines.	Bulk unsolicited electronic mail unless recipient gave prior express invitation or permission, or sender has established business or personal relationship with recipient.		Requires e-mail to contain name, physical address, and e-mail address of sender.	Prohibits subject lines that are false or misleading with respect to the body of the message.	Requires electronic opt-out mechanism.  Treble damages may be awarded if further Spam is sent after recipient opts out.	Civil Penalty:  Any injured person - injunction; costs; attorney fees; and damages not to exceed $500 per unlawful e-mail (treble damages available if sent after recipient opted-out).  Service Provider - injunction; costs; attorney fees; and damages not to exceed $500 per unlawful e-mail.
	H. R. 2472 - Protect Children From E-Mail Smut Act or 2001.	Requires labels to be included on sexually oriented commercial e-mail messages forwarded to minors.	Sexually oriented advertisement that depicts, in actual or simulated form, or explicitly describes, in a predominantly sexual context, human genitalia, any act of natural or unnatural sexual intercourse, any act of sadism or masochism, or any other erotic subject directly related to the foregoing.  It is not "sexually oriented" if it constitutes only a small insignificant part of the whole advertisement, the remainder of which is not devoted to sexual matters.			Requires labels to be included on sexually oriented commercial e-mail messages forwarded to minors.  The labels must be in the format adopted by the National Institute of Standards and Technology.		Criminal Penalty:  First offense - fined and/or imprisoned up to 5 years; Second offense - fined and/or imprisoned up to 10 years.                                   Civil Penalty:  Any parent of a minor - attorneys fees; costs; and damages (in lieu of damages, parent may recover $10,000 per violation).
	H. R. 1846 - Who Is E-Mailing Our Kids Act.	Requires schools and libraries to adopt policies that prohibit users from sending e-mail or accessing the World Wide Web anonymously.			Requires schools and libraries to adopt policies that prohibit users from sending e-mail or accessing the World Wide Web anonymously.			Schools and libraries not complying with the requirements of this subsection shall be ineligible for discount services or funding under this subsection.
	H. R. 95 - Unsolicited commercial Electronic mail Act of 2001.	Requires unsolicited commercial e-mail to include opt-out instructions.  Prohibits false headers, and violating provider's policies regarding unsolicited e-mail.	Unsolicited commercial electronic mail message that primarily advertises or promotes the commercial availability of a product or service for profit or invites the recipient to view content on an Internet web site that is operated for a commercial purpose when the sender does not have a preexisting business relationship with the recipient.	Prohibits sending e-mail with knowledge that any domain name, header information, date or time stamp, originating e-mail address, or other information identifying the initiator or the routing of such message is false or inaccurate.	Requires inclusion of valid e-mail address, conspicuously displayed to which the recipient can reply in order to opt-out.		Requires notice of the right to opt-out and an e-mail address to which recipient can reply to opt-out.  Prohibits sending unsolicited e-mail after recipient opts-out.  Opting out terminates any pre-existing business relationship.	Government Order:  Notification of alleged violation and order to refrain from further violations (Injunction sought if violations continue).                                  Civil Penalty:   Recipient or Service Provider - attorneys' fees; costs; and the greater of the actual damages or $500 per violation not to exceed $50,000;  treble damages may be awarded for willful, knowing, or repeated violations.
United States - State Laws
Arkansas	Arkansas Code Title 5, Chapter 41, Subchapter 205.	Prohibits falsified routing or point of origin information	Unsolicited e-mail containing falsified or forged headers, subject lines, routing or point of origin information.	Prohibits falsified routing information.  Prohibits distribution of  software designed to falsify routing information.	Prohibits falsified information identifying the source of the e-mail.	Prohibits subject lines intended to mislead user as to source of e-mail.		Criminal Penalty:  Class D felony.
California	California Business and Professions Code Section 17538.4, as amended by Assembly Bill 1676 (1998);  See also Section 17538.45; and California Penal Code Section 502.	Requires opt-out mechanism and labeling of commercial e-mails.  Prohibits violating a service provider's policies on unsolicited e-mail.  The law applies to all e-mail delivered to CA resident via a provider's facilities located in CA.	Unsolicited advertising material for the lease, sale, rental, gift offer, or other disposition of any realty, goods, services, or extension of credit that meet both of the following:  (1) No prior business relationship, (2) Not requested by recipient.	Prohibits use of a third party's domain name without permission.	Requires e-mail to include contact information or valid return e-mail address.	Requires commercial e-mail to have "ADV:" at the beginning of subject line.   If goods or services may only be viewed, purchased, rented, leased, or held by those over 18 years of age, then subject line must include "ADV: ADLT" at the beginning of subject line.	Requires opt-out instructions and contact information.  Opt-out requests must be honored.	Criminal Penalty:  Violation of Section 502 - If no injury cause, then $250 for first violation; but up to$5000 and one year imprisonment for any offense that causes injury or any subsequent offense.                              Civil Penalty:  Service provider - actual monetary loss (or $50 per unlawful message up to $25,000 per day).
Colorado	Colorado Junk E-Mail Law - Title 6, Article 2.5.	Requires opt-out mechanism and labeling of commercial e-mails.  Prohibits using false routing information.  Applies to all e-mail sent to CO via provider's service or equipment located in CO.	Electronic mail message sent without the recipient's express permission for the purpose of promoting real property, goods, or services for sale or lease.	Prohibits falsified routing information.	Requires disclosure of "point-of-origin" e-mail address.  Prohibits using third party's e-mail address or domain name without consent.	Requires e-mail to include "ADV:" at beginning of subject line unless it is merely an organization contacting its members, or there is a prior business relationship.	Requires opt-out mechanism.  Prohibits sending e-mail to one who has previously opted out.	Civil Penalty:  Recipient and Service provider - actual damages; and $10 per unlawful e-mail.
Connecticut	General Statutes of Connecticut, Title 53, Chapter 949g, Section 53-451.	Prohibits falsified transmission or routing information.                                                                                   Court has personal jurisdiction over a non-resident who uses a computer or computer network located in Connecticut.	Unsolicited bulk electronic mail with falsified transmission or routing information.	Prohibits falsified or forged routing information.  Prohibits sale or distribution of software designed to falsify or forge routing information.				Criminal Penalty:  Class B Misdemeanor.  If done recklessly and causes $500 in damage, then it is a class A misdemeanor.  If done maliciously and causes $2500 in damage, then it is a class D felony.                  Civil Penalty:  Any injured person, not a service provider - actual damages (or the lesser of $10 per message or $25,000).  Service provider - actual damages (or the greater of $10 per message or $25,000 per day).  The attorney general may bring suit on behalf of injured residents of the state.
Delaware	Delaware Code, Title 11, Sections 931, 937 & 938.	Prohibits unsolicited bulk commercial e-mail, and e-mail with falsified routing information.  Applies to messages originating outside the state if sender is aware of facts making recipient's presence in DE a reasonable possibility.	Any unsolicited bulk commercial e-mail message that is sent to a receiving address or account for the purposes of advertising, promoting, marketing or otherwise attempting to solicit interest in any good service or enterprise.  Not prohibited if individual requests the information, or there is a pre-existing business relationship.	Prohibits falsified transmission information (routing information).  Prohibits sale of software that facilitates falsifying routing information			Requires opt-out mechanism.  Prohibits sending commercial e-mail to one who has previously opted-out.	Criminal Penalty:  State prosecutes the "computer crime of unrequested or unauthorized electronic mail."
Florida	Florida Bar Rule: Fla. R. P.C. 4-7.6(c).	Requires attorneys who advertise via unsolicited e-mail to put "Legal Advertisement" in the subject line.				Requires attorneys who advertise via unsolicited e-mail to put "Legal Advertisement" in the subject line.
Idaho	Unfair Bulk Electronic Mail Advertisement Practices - Idaho Code Title 48, Chapter 6, Section 48-603E.	Requires accurate return address for opt-out requests, and sender to honor such requests.	Electronic message, containing the same or similar advertisement, which is contemporaneously transmitted to two or more recipients, pursuant to an internet or intranet computer network.  Does not apply to service providers who condition service upon acceptance of unsolicited advertisements.	Must contain accurate information identifying the point of origin of the bulk e-mail.  Prohibits misrepresenting transmission information.	Must contain "readily identifiable" return e-mail address by which recipient can opt-out.  Prohibits using fictitious return address or a third party's address without permission.		Requires valid e-mail address through which recipient can opt-out.  Prohibits sending bulk e-mail to a recipient after they opt-out.	Civil Penalty:  Recipient - actual damages (or the greater of $100 per unlawful message or $1000).
Illinois	Electronic Mail  Act - 815 ILCS 511/5; and the Computer Crime Prevention Act - 720 ILCS 5/16D.	Prohibits unsolicited commercial e-mail that uses third party's domain name without permission, contains false routing information, or has a misleading subject line.  The law applies when e-mail is delivered to IL resident via provider's equipment located in IL.	Any unsolicited commercial e-mail message, the principal purpose of which is to promote, directly or indirectly, the sale or other distribution of goods or services to the recipient, and  sender does not have a prior or existing business or personal relationship with recipient, nor has the recipient consented to receiving the e-mail.	Prohibits using a third party's domain name without permission, or misrepresenting any information identifying point of origin or the transmission path or the e-mail.  Prohibits falsifying or forging e-mail transmission or routing information.  Prohibits distribution of software designed to falsify routing information.		Prohibits false or misleading information in the subject line.		Criminal Penalty:  Class B misdemeanor for distributing software to falsify routing information.  Civil Penalty:  Any injured person, not a service provider - actual damages (or the lesser of $10 per unlawful message or $25,000 per day).  Service provider - actual damages (or the lesser of $10 per unlawful message or $25,000 per day).
Iowa	Iowa Code, Chapter 714E.	Prohibits unsolicited bulk e-mail that uses third party's return address without permission, or false routing information.  Requires an opt-out mechanism.  The law applies to e-mail sent to or through a computer network located in Iowa.	Unsolicited bulk e-mail sent to a computer for the purpose of promoting real property, goods, or services for sale, lease, barter, or auction.	Prohibits misrepresentation of  the point of origin of the e-mail.  Requires information identifying the point of origin or the transmission path of the e-mail.	Prohibits using third party's return address without permission.		Requires an opt-out mechanism.  Prohibits sending advertisements to  recipient after opting out.	Civil Penalty:  Any person injured, not a service provider - actual damages (or the greater of $10 per unlawful message or $500).  Service provider - actual damages (or the greater of $10 per unlawful message or $25,000).  Attorney General may bring suit on behalf of residents of the state.
Kansas	Commercial Electronic Mail Act - Kansas Legislature, Session of 2002, Senate Bill 467 (Approved by Gov. May 17, 2002).	Prohibits falsified routing information, using a third party's domain name without permission, or having a false or misleading subject line.  Requires an opt-out mechanism, and that e-mails be labeled with "ADV:" or "ADV:ADLT:" at beginning of the subject line.	E-mail sent for the purpose of promoting property or services for sale or lease, but shall not include e-mail sent by a person on behalf of a charitable organization.	Prohibits using a third party's domain name without permission, or otherwise misrepresenting or obscuring information identifying the point of origin or transmission path.  Prohibits distribution of software designed to  falsify transmission or routing information.	Requires (i) valid sender-operated return e-mail address, or (ii) legal name and address of the person or entity sending the e-mail, to which recipient can send request to opt-out of future communications.	Prohibits false or misleading information in subject line.  Requires e-mail to include "ADV:" at beginning of subject line unless the recipient consented, there is a prior business relationship, or the e-mail is sent to less than 500 recipients per month.  Sexually explicit or messages with mature subject matter must contain "ADV:ADLT" at the beginning of the subject line without exception.	Requires an opt-out mechanism, and opt-out instructions in text the same size as the rest of message.   Prohibits sending unsolicited e-mail to recipient after he has opted out.  Prohibits distributing a recipient's e-mail address after they have opted-out.	Civil penalty of not less than $500 not more than $10,000 for each violation.
Kentucky	Kentucky Supreme Court Rule 3.130(7.09)(3).	Requires attorney who advertises via written, recorded, or electronic communication targeted at potential clients to include the words "THIS IS AN ADVERTISEMENT" prominently in each communication.				Requires attorney who advertises via written, recorded, or electronic communication targeted at potential clients to include the words "THIS IS AN ADVERTISEMENT" prominently in each communication.
Louisiana	LA Revised Statutes, Title 14, Section 73.1, 73.6.	Prohibits sending unsolicited bulk commercial e-mail to more than 1,000 recipients if it has falsified routing information or if it violates the service provider's policies.	Unsolicited bulk commercial e-mail which is developed and distributed in an effort to sell or lease consumer goods or services and is sent in the same or substantially similar form to more than 1,000 recipients.	Prohibits falsifying or forging e-mail transmission or routing information.  Prohibits distribution of software designed to falsify transmission or routing information.				Criminal Penalty:  Fined not more than $5000.
Maryland	Annotated Code of Maryland, Subtitle 29: Commercial Electronic Mail, Section 14-2901 to 14-2903.  (effective October 1, 2002).	Prohibits commercial e-mail messages that use a third party's domain name without permission; contain false routing information; or have a false or misleading subject line.  The law applies if the message is sent from MD; if sender knows recipient is MD resident; or if registrant of domain name will confirm upon request that recipient is a MD resident.	Commercial e-mail that advertises real property, goods, or services for sale or lease, but does not include mail to which service provider has attached an advertisement in exchange for free use of the e-mail account.	Prohibits false or misleading information about the origin or transmission path.	Prohibits using a third party's domain name or e-mail address without permission.	Prohibits false or misleading subject lines.		Civil Penalty:  Recipient - actual damages (or $500 if greater than actual damages).  Third party whose domain name was used without permission - actual damages or ($500 if greater than actual damages).  Service provider - actual damages (or $1000 if greater than actual damages).
Minnesota	Minnesota Statutes, Chapter 325F.  (effective March 1, 2003).	Prohibits commercial e-mails that use a third party's domain name without permission; contain false routing information; or have a misleading subject line.  Unsolicited commercial e-mail must be labeled with "ADV:" or "ADV-ADLT" at the beginning of subject line.  The law applies to messages sent to Minnesota residents through facilities located in Minnesota.	Unsolicited commercial e-mail sent through an Internet service provider's facilities located in this state to a resident of this state for promoting real property, goods, or services for sale or lease.	Prohibits misrepresentation of  the point of origin of the transmission path.	Prohibits using a third party's domain name without permission.   Requires the sender to establish (and include in the e-mail) a toll free telephone number, a valid sender operated return e-mail address, or another easy-to-use electronic method to contact the sender.	Prohibits false or misleading information in the subject line.  Requires e-mail to include "ADV:" at the beginning of the subject line.  If the e-mail contains sexual subject matter that can only be viewed by individuals over 18 years of age, then the e-mail must include "ADV-ADLT" at the beginning of the subject line.  Do not have to label an e-mail if the recipient consents to receipt of message, if organization is merely communicating with its members, if entity is communicating with its employees, or if there is a business or personal relationship.	Requires the sender to establish an easy-to-use electronic method to opt-out.	Civil Penalty:  Any injured person, not a service provider - the lesser of $25 per unlawful message or $35,000 per day for violation related to false or misleading information; and the lesser of $10 per unlawful message or $25,000 per day for failure to label the e-mail with "ADV:".   Service provider - actual damages (or the lesser of $25 per message or $35,000 per day for false or misleading information; or the lesser of $10 per unlawful message or $25,000 per day for failure to label the e-mail with "ADV:").
Missouri	Section 407.1300 to Section 407.1340.	Unsolicited commercial e-mail must contain opt-out instructions and contact information.	Unsolicited commercial e-mail sent for the purpose of promoting real property, goods, or services for sale or lease, but does not include messages between persons with a prior personal or business relationship, or advertisements attached to messages as a condition of using a free e-mail account.		Requires toll free telephone number or valid sender-operated return e-mail address that recipient can call or e-mail to opt-out.		Requires opt-out mechanism including valid return e-mail address or toll free number to be used to opt-out.	Civil Penalty:  Recipient - actual damages (or $500 if greater than actual damages).  Service provider - actual damages (or $1000 if greater than actual damages).
Nevada	Liability of Persons Who Transmit Items of Electronic Mail That Include Advertisements - Nevada Revised Statutes, Sections 41.705-41.735.	Prohibits unsolicited commercial e-mail unless it is labeled as an advertisement and includes the sender's name, address, and opt-out instructions.  Also prohibits falsified routing information.	Unsolicited e-mail that advertise, for commercial purposes, the availability or the quality or real property goods or  services; or is otherwise designed or intended to solicit a person to purchase real property, goods or services.  Does not include messages to which recipient consents, or where there was a preexisting business or personal relationship.		Requires the e-mail to contain the legal name, postal address, and e-mail address of the sender.	Requires advertisement to be readily identifiable as promotional, or provide that it is an advertisement, and clearly provide:  legal name, address, and e-mail address of sender, and opt-out instructions.	Requires a notice of the right to opt-out of future mailings, and instructions on how to opt-out.	Civil Penalty:  Recipient - actual damages (or $10 per unlawful message if greater); costs;  attorneys' fees; and an injunction.
North Carolina	North Carolina General Statutes, Section 1-75.4; 1-539.2A; 14-453; and 14-438.	Prohibits unsolicited bulk commercial e-mail containing falsified routing information, if the sender is thereby violating a provider's policies.  The law applies to unsolicited bulk commercial e-mail sent into or within the state in contravention of service provider's policies.	Unsolicited bulk commercial messages sent and received electronically consisting of commercial advertising material, the principal purpose of which is to promote the for profit sale or lease of goods or services to the recipient.	Prohibits falsely identifying transmission or other routing information in violation of service provider's policies.				Civil Penalty:  Any injured person, not a service provider -  actual damages (or the lesser of $10 per unlawful message or $25,000 per day); costs; and attorneys' fees.  Service provider - actual damages (or the greater of $10 per unlawful message or $25,000 per day); costs; and attorneys' fees.
Ohio	ORC 2307.64 (effective Nov. 1, 2002)	Requires unsolicited emails to contain sender's name, address and email address, along with opt-out instructions.  Exempts pre-existing business or personal relationships within the past 5 years and pre-existing consent.	"Electronic Mail Advertisement" -- An electronic message that contains an advertisement and is transmitted between two or more telecommunications devices or electronic devices capable of receiving electronic messages, whether or not the message is converted to hard copy format after receipt, and whether or not the message is viewed upon the transmission or stored for later retrieval.   "Electronic mail" includes electronic messages that are transmitted through a local, regional, or global computer network.	Prohibits forging orientation address or other routing information.		Requires in the body of the message -- name, address, email address of sender.	Requires prominent opt-out notice and instructions.	Civil Penalty:  Any recipient (not a service provider), up to $100/violation, up to a maximum of $50K + attorney's fees, costs.  Service provider whose policy has been violated may recover $50/violation, up to maximum of $50K ($500K if willful) + attorney's fees, costs.  Injunctive relief.
Oklahoma	Oklahoma Statutes, Title 15, Section 776.	Prohibits omitting or falsifying routing information. Prohibits the distribution of software designed to falsify routing information.  The law applies to nonresident who sends e-mail to or through the network of a provider located in Oklahoma.	Electronic mail message that misrepresent their point of origin, does not contain point of origin information, or that contain other false or misleading information.	Prohibits misrepresentation of information identifying the point of origin of the transmission path of an e-mail.  Requires inclusion of information identifying the point of origin of the e-mail.  Prohibits distribution of software designed to falsify transmission or routing information.		Prohibits sending e-mail that contains false, malicious, or misleading information which purposely or negligently injures a person.		Civil Penalty:  Any injured person, not a service provider - actual damages (or the lesser of $10 for each unlawful e-mail or $25,000 per day).  Service provider - actual damages (or the greater of $10 per unlawful e-mail or $25,000 per day).
Oregon	Oregon Bar Rule - Ore. Code Prof. Resp. DR 2-10 (H).	Requires attorneys who advertise via unsolicited e-mail targeted at potential clients to include the word "Advertisement" prominently in the body of the message.				Requires attorneys who advertise via unsolicited e-mail targeted at potential clients to include the word "Advertisement" prominently in the body of the message.
Pennsylvania	Pennsylvania Consolidated Statutes, Title 18, Section 5903.	Requires unsolicited commercial e-mail messages containing "explicit sexual materials" to contain the label "ADV-ADLT" at the beginning  of the subject line.	Unsolicited commercial e-mail containing explicit sexual materials or advertisements.		If you attempt to evade prosecution by using a false return address, then an additional fine of $100-$500 per message, and/or up to 90 days in jail.	Requires sexually explicit e-mails to include "ADV-ADLT" at the beginning of the subject line.		Criminal Penalty - First degree misdemeanor.  If you attempt to evade prosecution by using a false return address, then an additional fine of $100-$500 per message, and/or up to 90 days in jail may be imposed for first offense, and a fine of $500-$1000 and/or up to a year imprisonment may be imposed for each subsequent offense.
Rhode Island	Rhode Island General Laws, Title 11, Chapter 52, and Title 6, Chapter 47.	Prohibits unsolicited bulk e-mail with falsified routing information in violation of a RI provider's policies, and the distribution of software designed to falsify routing information.  Another law requires opt-out instructions and contact information in the e-mail.	Any unsolicited bulk e-mail consisting of commercial advertising material, the principal purpose of which is to promote the for-profit sale or lease of goods or services to the recipient when there is no prior business or personal relationship, and the recipient did not consent or request such materials.	Prohibits falsified or forged header or other routine information in violation of provider's usual policies.  Prohibits distribution of software designed to forge or falsify e-mail header or routing information.			Requires an opt-out mechanism and instructions on how to opt-out.  Must include a toll free telephone number or valid return e-mail address through which the recipient can opt-out.   Prohibits sending e-mailing to a recipient after he opts out.	Civil Penalty:  Any person injured, not a service provider - actual damages (or the lesser of $500 per unlawful e-mail or $25,000 per day); attorneys' fees; and costs.  Service provider - actual damages (or the greater of $500 per unlawful message or $25,000 per day); attorneys' fees, and costs.
South Dakota	An Act to prohibit misleading unsolicited commercial e-mails, Section 37-24 (approved by Governor Feb. 17, 2002).	Prohibits sending commercial e-mail that misrepresents or obscures its point of origin or routing information, or contains a false or misleading subject line.  The law applies if the message is sent from S.D., if the sender knows the recipient is a S.D. resident; or if the registrant of the domain name in recipient's e-mail  address will confirm upon request that recipient is a S.D. resident.  Unsolicited messages must contain a label at the beginning of the subject line.	Commercial e-mail sent for the purpose of promoting real property, goods, or services for sale or lease, but not including advertisements attached to messages by the service provider in exchange for use of a free e-mail account.	Prohibits using a third party's domain name without permission.  Prohibits misrepresenting information identifying the point of origin or the transmission path of the message.		Prohibits false or misleading information in the subject line.  Requires unsolicited commercial e-mail messages to include "ADV:" at the beginning of the subject line.  If the e-mail consists of explicit sexual material that may only be viewed, purchased, or held by adults, then the e-mail must include "ADV:ADLT" at the beginning of the subject line.  The e-mail does not have to labeled if there is a preexisting business or personal relationship,		Civil Penalty:  Recipient or service provider - injunction; actual damages (or $500 per violation, not to exceed $10,000).  If willful or knowing violation, court can award treble damages, costs, and attorneys fees.
Tennessee	Unsolicited Telefacsimile Advertising Act, Tennessee Code Annotated, Title 47, Chapter 18, Part 16.	Requires unsolicited bulk commercial e-mail to include contact information and opt-out instructions, and mandates that opt-out requests be honored.  Certain e-mails must be labeled "ADV:" or "ADV-ADLT" at the beginning of the subject line.	Unsolicited bulk commercial e-mail advertising the lease , sale, rental, gift offer, or other disposition of any realty, goods, services, or extension of credit.	Prohibits distribution of software primarily designed to falsify electronic mail transmission and routing information.	Requires the sender to establish a toll free telephone number or return e-mail address through which a recipient can opt-out.	Requires subject line to begin with "ADV:".  E-mails containing material that may only be viewed, purchased, or rented by adults must include "ADV:ADLT" at the beginning of the subject line.	Requires an opt-out mechanism and instructions on how to opt-out.  Must include a toll free telephone number or valid return e-mail address through which recipient can opt-out.   Prohibits e-mailing recipient after he opts out.	Civil Penalty:  Regulatory agency - civil penalty of not less than $100 nor more than $500.  Any injured person, not a service provider - actual damages (or the lesser of $10 per unlawful e-mail or $5,000 per day); costs and attorneys' fees.   Service provider - actual damages (or the greater of  $10 per unlawful message sent or  $5,000 per day); costs and attorneys' fees.
Utah	Unsolicited Commercial and Sexually Explicit Email Act, Utah Code, Title 13, Chapter 34.	Unsolicited commercial e-mail must disclose sender's name, physical address, and the point of origin of message.  It must also include either "ADV:" or "ADV-ADLT" at the beginning of  the subject line, and must have opt-out instructions.	Unsolicited commercial e-mail sent for the purpose of promoting the sale, lease, or exchange of goods, services, or real property.  A message is not unsolicited if there is a preexisting business or personal relationship.  Sexually explicit e-mail is that which contains, promotes, or contains an electronic link to material that is harmful to minors.	Requires inclusion of information necessary to identify the point of origin.  Prohibits using a third party's domain name without permission in identifying the point of origin.  Prohibits misrepresenting point of origin or transmission information.	Requires e-mail to include sender's legal name, correct street address, valid internet domain name.	Requires the subject line of commercial e-mail to begin with "ADV:", and the subject line of e-mail containing material that may only be viewed, purchased, or rented by adults to begin with "ADV:ADLT".	Requires a convenient, no-cost opt-out mechanism including (i) return e-mail to a valid, functioning return e-mail address, and (ii) for sexually explicit e-mail and where the sender already has a toll free telephone number, the sender's toll free number.  Requires opt-out instructions.  Prohibits e-mailing recipient after he opts-out.	Criminal Penalty:   Violation with respect to unsolicited sexually explicit material is a class B misdemeanor.           Civil Penalties:  Recipient and service provider - actual damages (or the lesser of $10 per e-mail or $25,000 per day); costs and attorneys' fees.
Virginia	Virginia Code, Title 8.01, Chapter 9, Section 8.01-328.1, and Virginia Code, Title 18.2, Chapter 5, Article, 7.1, Sections 18.2-152.2, 18.2-152.4, 18.2-152.12.	Prohibits unsolicited bulk e-mail containing falsified routing information, if the sender thereby violates a provider's policies.  Prohibits distribution of software designed to falsify routing information.  The law applies to nonresidents who uses a computer or computer network located in VA.	Unsolicited bulk e-mail	Prohibits falsifying or forging e-mail transmission or routing information.  Prohibits distribution of software designed to falsify transmission or routing information.				Criminal Penalty:  Class 3 misdemeanor. If more than $2,500 damage and done recklessly, then it is a class 1 misdemeanor.  If more than $2,500 damage and done maliciously, then it is a class 6 felony.                                        Civil Penalty:   Any injured person, not a e-mail service provider (civil - actual damages or the lesser of $10 per unlawful e-mail or $25,000 per day); Injured e-mail service provider (civil - actual damages or the greater of $10 per unlawful e-mail or $25,000 per day).   Plaintiffs can also get costs and attorneys' fees.
Washington	Revised Code of Washington, Title 19, Chapter 19.190.	Prohibits sending commercial e-mail that uses a third party's domain name without permission; that contains false or misleading routing information; or that has a false or misleading subject line.  The law applies if sent from WA, if sender knows recipient is a WA resident, or if registrant of domain name in recipient's e-mail address will confirm upon request that the recipient is a WA resident.	Commercial e-mail message sent for the purpose of promoting real property, goods, or services for sale or lease, but does not include advertisements attached to e-mails in return for free use of an e-mail account.	Prohibits using a third party's domain name without permission, or otherwise misrepresenting the point of origin or transmission information.		Prohibits false or misleading information in the subject line.		Civil Penalty:  Recipient - actual damages (or $500 if greater than actual damages);  Service Provider - actual damages (or $1000 if greater than actual damages).
West Virginia	Electronic Mail Protection Act - West Virginia Code, Chapter 46A, Article 6G.	Prohibits using a third party's domain name without permission; misrepresenting the point of origin or routing information; having false or misleading subject lines, or containing sexually explicit materials.  Requires each message to include the sender's name, return e-mail address, and date and time sent.  The law applies if message is sent from WV, or sender knows or has reason to know the recipient is a WV resident.	E-mail sent in bulk to users who have not requested or solicited the message.  E-mail is unauthorized when sent in quantity in contravention of e-mail service provider's policies.	Prohibits using a third party's domain name without permission.  Prohibits misrepresenting any information identifying the point of origin or the transmission path of an e-mail.  Prohibits distribution of software designed to falsify e-mail transmission or routing information.	Requires the e-mail to contain the date and time the message is sent, the identity of the person sending the message, and the return e-mail address of that person.	Prohibits false or misleading information in the subject line.  ***                                                            Prohibits any e-mail containing "sexually explicit materials" which are defined as a visual depiction, in actual or simulated form, or an explicit description in a predominantly sexual context, nudity, human genitalia, or any act of natural or unnatural sexual intercourse.		Civil Penalty:  Recipient - actual damages (minimum of $1000); punitive damages; injunction; costs; attorneys' fees.  Service provider - actual damages (or the greater of $10 per unlawful e-mail or $25,000 per day); costs; and attorney fees.
Wisconsin	Crimes Against Sexual Morality - Wisconsin Statutes, Chapter 944, Section 944.25.	Requires unsolicited commercial e-mail containing obscene material or depicting sexually explicit conduct to include the words "ADULT ADVERTISEMENT" in the subject line.	Unsolicited commercial e-mail containing obscene material or depicting sexually explicit conduct.			Requires unsolicited e-mail containing obscene material or sexually explicit conduct to include the words "ADULT ADVERTISEMENT" in the subject line.		Criminal Penalty:  Class A misdemeanor.