BILL NUMBER: SB 1383	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 27, 2002
	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   the customer'
s electronic mail address  , unless otherwise provided by law or
contract.  The bill would prohibit  a contract from permitting
 termination of service without cause  with less than a
30-day notice  .  The bill would authorize 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 would become inoperative if a federal law or
regulation is enacted regulating notice requirements in the event of
termination of  e-mail   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)  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   electronic mail address  .
   (b) No contract for electronic mail service may permit termination
of service without cause  with less than a 30-day notice  .

   (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.
   (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   address  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.
   (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   remedies for a violation of a customer'
s right to a 30-day notice prior to termination are  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.
   (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.
   (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.