BILL NUMBER: SB 1383	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 20, 2002
	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 each customer notice at least 30 days prior to 
permanently  terminating service, unless otherwise provided by
law or contract.  The bill would prohibit termination of service
without cause.   The bill would authorize  a customer
  an individual plaintiff  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
 a  federal law  or regulation  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  permanently  terminating
the customer's service.
   (b)  No contract for electronic mail service may permit
termination of service without cause.
   (c)  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)  
   (d)  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  permanently  terminated due to
the action or inaction of an entity making the underlying network or
access available to the provider or the customer.  
   (d)  
   (e)  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.   The remedy set forth in this
section is applicable only to actions brought in the name of, and on
behalf of, a single plaintiff, and shall not be applicable in
multiple plaintiff or class actions.  
   (e)  
   (f)  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.  
   (g) This section shall become inoperative on the date that a
federal law or regulation is enacted that regulates notice
requirements in the event of termination of electronic mail service.