Ohio § 2307.64

§ 2307.64.

(A) As used in this section: (1) “Advertisement” has the same meaning as in section 4931.10 of the Revised Code . (2) “Computer,” “computer network,” “computer program,” “computer services,” and “telecommunications

device” have the same meanings as in section 2913.01 of the Revised Code . (3) “ Electronic mail ” means an electronic message that is transmitted between two or more telecommunications

devices or electronic devices capable of receiving electronic messages, whether or

not the message is converted to hard copy format after receipt, and whether or not

the message is viewed upon the transmission or stored for later retrieval.  “ Electronic mail ” includes electronic messages that are transmitted through a local, regional, or

global computer network. (4) “ Electronic mail advertisement ” means electronic mail containing an advertisement. (5) “ Electronic mail service provider ” means any person that is an intermediary in sending and receiving electronic mail

and that provides to users of electronic mail services the ability to send or receive

electronic mail.  “ Electronic mail service provider ” includes an internet service provider. (6) “ Originating address ” means the string of characters used to specify the source of any electronic mail

message. (7) “Person” has the same meaning as in section 1.59 of the Revised Code , but when a person is not an individual, the person responsible for transmitting

or causing to be transmitted an electronic mail advertisement is the particular division

of the partnership, corporation, or other business entity actually responsible for

the transmission of the electronic mail advertisement. (8) “ Pre-existing business relationship ” means that there was a business transaction between the initiator and the recipient

of a commercial electronic mail message during the five-year period preceding the

receipt of that message.  A pre-existing business relationship includes a transaction involving the free provision

of information, goods, or services requested by the recipient.  A pre-existing business relationship does not exist after a recipient requests to

be removed from the distribution lists of an initiator pursuant to division (B) of

this section and a reasonable amount of time has expired since that request. (9) “ Receiving address ” means the string of characters used to specify a recipient with each receiving address

creating a unique and separate recipient. (10) “ Recipient ” means a person who receives an electronic mail advertisement at any one of the following

receiving addresses: (a) A receiving address furnished by an electronic mail service provider that bills for

furnishing and maintaining that receiving address to a mailing address within this

state; (b) A receiving address ordinarily accessed from a computer located within this state; (c) A receiving address ordinarily accessed by a person domiciled within this state; (d) Any other receiving address with respect to which the obligations imposed by this

section can be imposed consistent with the United States Constitution. (B)(1) Except as otherwise provided in division (B)(3) of this section, a person that transmits

or causes to be transmitted to a recipient an electronic mail advertisement shall

clearly and conspicuously provide to the recipient, within the body of the electronic

mail advertisement, both of the following: (a) The person's name and complete residence or business address and the electronic mail

address of the person transmitting the electronic mail advertisement; (b) A notice that the recipient may decline to receive from the person transmitting or

causing to be transmitted the electronic mail advertisement any additional electronic

mail advertisements and a detailed procedure for declining to receive any additional

electronic mail advertisements at no cost.  The notice shall be of the same size of type as the majority of the text of the

message and shall not require that the recipient provide any information other than

the receiving address. (2) If the recipient of an electronic mail advertisement uses the procedure contained

in the notice described in division (B)(1)(b) of this section to decline to receive

any additional electronic mail advertisements, the person that transmitted or caused

to be transmitted the original electronic mail advertisement, within a reasonable

period of time, shall cease transmitting or causing to be transmitted to the receiving

address any additional electronic mail advertisements. (3) A person does not violate division (B) of this section if the person transmits or

causes to be transmitted to the recipient an electronic mail advertisement when any

of the following apply: (a) The person has a pre-existing business or personal relationship with the recipient. (b) The recipient has consented or has agreed as a condition of service to receive the

electronic mail advertisement. (c) The recipient receives the electronic mail advertisement because another recipient

forwarded the advertisement to that recipient via an internet web site or another

recipient made a direct referral of that recipient to receive the advertisement. (C) No person shall use a computer, a computer network, or the computer services of an

electronic mail service provider to transmit an electronic mail advertisement in contravention

of the authority granted by, or in violation of the policies related to electronic

mail advertisements set by, the electronic mail service provider if the electronic

mail service provider has provided the person notice of those policies.  For the purposes of this division, notice of those policies shall be deemed sufficient

if an electronic mail service provider maintains an easily accessible web page containing

its policies regarding electronic mail advertisements and can demonstrate that notice

was supplied via electronic means between the sending and receiving computers. (D) No electronic mail service provider shall be liable for transmitting another person's

electronic mail advertisement through its service in violation of this section, or

shall be liable for any action it voluntarily takes in good faith to block the receipt

or transmission through its service of any electronic mail advertisement that it believes

is, or will be sent, in violation of this section. (E) A recipient of an electronic mail advertisement transmitted in violation of division

(B) of this section may bring a civil action against a person who transmitted that

advertisement or caused it to be transmitted.  In that action, the recipient may recover the following: (1) One hundred dollars for each violation, not to exceed a total of fifty thousand dollars; (2) Reasonable attorney's fees, court costs, and other costs of bringing the action. (F) An electronic mail service provider whose authority or policy has been contravened

in violation of division (C) of this section may bring a civil action against a person

who transmitted that advertisement or caused it to be transmitted.  In that action, the electronic mail service provider may recover the following: (1)(a) Fifty dollars for each violation of division (C) of this section, not to exceed fifty

thousand dollars; (b) If a violation of division (C) of this section is a willful or knowing violation,

the court may increase the amount recoverable to an amount not to exceed five hundred

thousand dollars. (c) If a violation of division (C) of this section is accompanied by a violation of division

(H) of this section, there shall be no limit on the amount that may be recovered pursuant

to this section. (2) Reasonable attorney's fees, court costs, and other costs of bringing the action. (G) In addition to any recovery that is allowed under division (E) or (F) of this section,

the recipient of an electronic mail advertisement transmitted in violation of division

(B) of this section or the electronic mail service provider of an advertisement transmitted

in violation of division (C) of this section may apply to the court of common pleas

of the county in which the recipient resides or the service provider is located for

an order enjoining the person who transmitted or caused to be transmitted that electronic

mail advertisement from transmitting or causing to be transmitted to the recipient

any additional electronic mail advertisement. (H) No person shall use a computer, a computer network, a computer program, or the computer

services of an electronic mail service provider with the intent to forge an originating

address or other routing information, in any manner, in connection with the transmission

of an electronic mail advertisement through or into the network of an electronic mail

service provider or its subscribers.  Each use of a computer, a computer network, a computer program, or the computer

services of an electronic mail service provider in violation of this division constitutes

a separate offense.  A person who violates this division is guilty of forgery under section 2913.31 of the Revised Code .