Sec. 1. 10 MRSA c. 229 is enacted to read:

CHAPTER 229

UNSOLICITED INTERNET COMMUNICATIONS

§1500-K.__Unsolicited electronic mail

1.__Definitions.__As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A. "Electronic mail advertisement" means any electronic mail message, the principal purpose of which is to promote, directly or indirectly, the sale or other distribution of goods or services to the recipient.

B.__"Electronic mail service provider" means any business or organization qualified to do business in this State that provides registered users the ability to send or receive electronic mail through equipment located in this State and that is an intermediary in sending or receiving electronic mail.

C. "Initiation" means, with respect to an unsolicited electronic mail advertisement, the action by the initial sender of the electronic mail advertisement.__"Initiation" does not refer to the actions of any intervening electronic mail service provider that may handle or retransmit the electronic message.

D.__"Registered user" means any individual, corporation or other entity that maintains an electronic mail address with an electronic mail service provider.

E. "Unsolicited electronic mail advertisement" means any electronic mail advertisement that is:

(1)__Addressed to a recipient with whom the initiator does not have an existing business or personal relationship; and

(2)__Not sent at the request of or with the express consent of the recipient.

2.__Prohibitions.__The following acts are prohibited.