Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Commerce, Consumer Protection and Housing, to which was referred S.B. No. 508 entitled:

begs leave to report as follows:

The purpose of this measure is to prohibit the transmission of commercial electronic mail messages that falsely or misleadingly identify the message's origin, return address, or subject matter.

The Office of Consumer Protection and Honolulu Police Department supported the measure's intent, and proposed amendments. The American Council of Life Insurers opposed the measure.

Unsolicited commercial bulk electronic mail, also called "spam", is a nuisance to Internet users, a threat to network security, and imposes substantial costs on Internet users and providers. This measure prohibits, as unfair or deceptive acts or practices, the transmission of commercial electronic mail messages that falsely or misleadingly identify the message's origin, return address, or subject matter.

This measure also entitles recipients of prohibited electronic mail messages and interactive computer services that enable access to electronic mail to statutory or actual damages, and provides immunity from liability for interactive computer services that in good faith block the receipt or transmission of commercial electronic mail believed to be prohibited.

Your Committee has amended this measure to:

As affirmed by the record of votes of the members of your Committee on Commerce, Consumer Protection and Housing that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 508, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 508, S.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.