BILL NUMBER: SB 1383	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 22, 2002
	AMENDED IN SENATE  APRIL 1, 2002

INTRODUCED BY   Senator Bowen

                        FEBRUARY 12, 2002

   An act to add Section 17538.35 to the Business and Professions
Code, relating to electronic mail.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1383, as amended, Bowen.  Electronic mail:  service providers.
   Existing law regulates the sending of unsolicited electronic mail
advertisements.
   This bill would require an electronic mail service provider  ,
as defined,  to give a customer notice at least 30 days prior
to  involuntarily  terminating service, unless
 the provider determines that the customer has violated the
terms of his or her contract with the provider  
otherwise provided by law or contract  .  The bill would
authorize a customer to bring an action in any court of competent
jurisdiction against an electronic mail service provider that
violates these provisions for either actual damages or liquidated
damages of $50.   The bill would provide that it supersedes and
preempts all local agency provisions regarding notice of electronic
mail termination by providers of electronic mail service. 
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  no.
State-mandated local program:  no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 17538.35 is added to the Business and
Professions Code, to read:
   17538.35.  (a)  Any   Unless otherwise
permitted by law or contract, any  provider of electronic mail
service shall provide  a   each  customer
with notice at least 30 days before  involuntarily 
terminating the customer's service  , unless the provider
determines that the customer has violated the terms of his or her
contract with the provider.   . 
   (b)  For purposes of this section, "provider" shall mean the
entity that controls the customer's electronic mail address, and not
the entity making the underlying network or access available to the
provider or the customer.
   (c) No provider shall be liable under this section solely for a
failure to comply with this section in the event a customer's
electronic mail service is terminated due to the action or inaction
of an entity making the underlying network or access available to the
provider or the customer.
   (d)  A customer may bring an action in any court of competent
jurisdiction against the provider of electronic mail service for a
violation of subdivision (a) and may seek either actual damages, or
liquidated damages in the amount of fifty dollars ($50).  The
provisions of this section shall be in addition to any other remedies
or penalties available at law.  
   (e) This section supersedes and preempts all rules, regulations,
codes, statutes, or ordinances of all cities, counties, cities and
counties, municipalities, and other local agencies regarding notice
of electronic mail termination by providers of electronic mail
service.