BILL NUMBER: SB 1383	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 29, 2002
	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   each  customer notice
at least 30 days prior to terminating service, unless 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.   The bill would also provide that its
provisions, or any part of its provisions, would become inoperative
if federal law is enacted regulating notice requirements in the event
of termination of e-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)  Unless otherwise permitted by law or contract, any
provider of electronic mail service shall provide each customer with
notice at least 30 days before terminating the customer's service.
   (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.  
   (f) This section, or any part of this section, shall become
inoperative on and after the date that federal law is enacted that
regulates notice requirements in the event of termination of e-mail
service.  As used in this subdivision, "federal law" includes, but is
not limited to, federal statutes and regulations.