Revised Code of Washington State
Concerning Commercial E-Mail
CHAPTER 19.190 RCW
COMMERCIAL ELECTRONIC MAIL
Sections
19.190.005 Findings.
19.190.010 Definitions.
19.190.020 Unsolicited or misleading electronic mail -- Prohibition.
19.190.030 Unsolicited or misleading electronic mail -- Violation of consumer protection act.
19.190.040 Violations -- Damages.
19.190.050 Blocking of commercial electronic mail by interactive computer service -- Immunity from liability.
RCW 19.190.005 Findings. The legislature finds that the volume of commercial electronic mail is growing, and
the consumer protection division of the attorney general's office reports an increasing number of consumer
complaints about commercial electronic mail. Interactive computer service providers indicate
that their systems sometimes cannot handle the volume of commercial electronic mail being sent and that filtering
systems fail to screen out unsolicited commercial electronic mail messages when senders use a third party's
internet domain name without the third party's permission, or otherwise misrepresent the message's point of
origin. The legislature seeks to provide some immediate relief to interactive computer service providers by
prohibiting the sending of commercial electronic mail messages that use a third party's internet domain name
without the third party's permission, misrepresent the message's point of origin, or contain untrue or misleading
information in the subject line.
The legislature also finds that the utilization of electronic mail messages for commercial purposes merits further
study. A select task force should be created to explore technical, legal, and cost issues surrounding the usage of
electronic mail messages for commercial purposes and to recommend to the legislature any potential legislation
needed for regulating commercial electronic mail messages. [1998 c 149 § 1.]
RCW 19.190.010 Definitions. The definitions in this section apply throughout this chapter unless the context
clearly requires otherwise.
(1) "Commercial electronic mail message" means an electronic mail message sent for the purpose of promoting
real property, goods, or services for sale or lease.
(2) "Electronic mail address" means a destination, commonly expressed as a string of characters, to which
electronic mail may be sent or delivered.
(3) "Initiate the transmission" refers to the action by the original sender of an electronic mail message, not to
the action by any intervening interactive computer service that may handle or retransmit the message.
(4) "Interactive computer service" means any 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 libraries or
educational institutions.
(5) "Internet domain name" refers to a globally unique, hierarchical reference to an internet host or service,
assigned through centralized internet naming authorities, comprising a series of character strings separated by
periods, with the right-most string specifying the top of the hierarchy. [1998 c 149 § 2.]
RCW 19.190.020 Unsolicited or misleading electronic mail -- Prohibition.
(1) No person, corporation,
partnership, or association may initiate the transmission of a commercial electronic mail message from a computer
located in Washington or to an electronic mail address that the sender knows, or has reason to know, is held by a
Washington resident that:
(a) Uses a third party's internet domain name without permission of the third party, or otherwise misrepresents
any information in identifying the point of origin or the transmission path of a commercial electronic mail message;
or
(b) Contains false or misleading information in the subject line.
(2) For purposes of this section, a person, corporation, partnership, or association knows that the intended
recipient of a commercial electronic mail message is a Washington resident if that information is available, upon
request, from the registrant of the internet domain name contained in the recipient's electronic mail address. [1998
c 149 § 3.]
RCW 19.190.030 Unsolicited or misleading electronic mail -- Violation of consumer protection act.
(1)
It is a violation of the consumer protection act, chapter 19.86 RCW, to initiate the transmission of a commercial
electronic mail message that:
(a) Uses a third party's internet domain name without permission of the third party, or otherwise misrepresents
any information in identifying the point of origin or the transmission path of a commercial electronic mail message;
or
(b) Contains false or misleading information in the subject line.
(2) The legislature finds that the practices covered by this chapter are matters vitally affecting the public
interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. A violation of this chapter is
not reasonable in relation to the development and preservation of business and is an unfair or
deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer
protection act, chapter 19.86 RCW. [1998 c 149 § 4.]
RCW 19.190.040 Violations -- Damages.
(1) Damages to the recipient of a commercial electronic mail
message sent in violation of this chapter are five hundred dollars, or actual damages, whichever is greater.
(2) Damages to an interactive computer service resulting from a violation of this chapter are one thousand
dollars, or actual damages, whichever is greater. [1998 c 149 § 5.]
RCW 19.190.050 Blocking of commercial electronic mail by interactive computer service -- Immunity
from liability.
(1) An interactive computer service may, upon its own initiative, block the receipt or transmission
through its service of any commercial electronic mail that it reasonably believes is, or will be, sent in violation of
this chapter.
(2) No interactive computer service may be held liable for any action voluntarily taken in good faith to block the
receipt or transmission through its service of any commercial electronic mail which it reasonably believes is, or will
be, sent in violation of this chapter. [1998 c 149 § 6.]