Sec. 7. (a) For purposes of this section, a person knows that the intended recipient of a commercial electronic mail message is an Indiana resident if that information is available, upon request, from the registrant of the Internet domain name contained in the recipient’s electronic mail address.

     (b) Subsection (c) applies only to a commercial electronic mail message that:

Terms Used In Indiana Code 24-5-22-7

  • assist the transmission: means to provide substantial assistance or support that enables a person to formulate, compose, send, originate, initiate, or transmit a commercial electronic mail message when the person providing the assistance knows or consciously avoids knowing that the initiator of the commercial electronic mail message is engaged or intends to engage in a practice that violates this chapter. See Indiana Code 24-5-22-1
  • commercial electronic mail message: refers to an electronic mail message sent to promote the sale or lease of real property, goods, or services. See Indiana Code 24-5-22-2
  • electronic mail address: means a destination, commonly expressed as a string of characters, to which electronic mail may be sent or delivered. See Indiana Code 24-5-22-3
  • Internet domain name: refers to a globally unique, hierarchical reference to an Internet host or service, assigned through centralized Internet naming authorities, comprising a series of character strings separated by periods, with the right most string specifying the top of the hierarchy. See Indiana Code 24-5-22-6
(1) uses a third party’s Internet domain name without permission of the third party;

(2) otherwise misrepresents or obscures any information in identifying the point of origin or the transmission path of the commercial electronic mail message; or

(3) contains false or misleading information in the subject line.

     (c) A person may not initiate or assist the transmission of a commercial electronic mail message described in subsection (b):

(1) from a computer located in Indiana; or

(2) to an electronic mail address that the sender:

(A) knows; or

(B) has reason to know;

is held by a resident of Indiana.

As added by P.L.36-2003, SEC.1. Amended by P.L.97-2004, SEC.91.

  Previous section
Next section  
 Chapter 22 Contents