NEVADA REVISED STATUTES
(including amendments through March 2003)

 

LIABILITY OF PERSONS WHO TRANSMIT ITEMS OF ELECTRONIC MAIL THAT INCLUDE ADVERTISEMENTS

§ 41.705   As used in NRS 41.705 to 41.735, inclusive, unless the context otherwise requires, the words and terms defined in NRS 41.710 to 41.725, inclusive, of this act have the meanings ascribed to them in those sections.

§ 41.710   "Advertisement" means material that:
    1. Advertises for commercial purposes the availability or the quality of real property, goods or services; or
    2. Is otherwise designed or intended to solicit a person to purchase real property, goods or services.

§ 41.715   "Electronic mail" means a message, a file or other information that is transmitted through a local, regional or global network, regardless of whether the message, file or other information is:
    1. Viewed;
    2. Stored for retrieval at a later time;
    3. Printed onto paper or other similar material; or
    4. Filtered or screened by a computer program that is designed or intended to filter or screen items of electronic mail.

§ 41.720   "Network" means a network comprised of one or more computers that may be accessed by a modem, electronic or optical technology, or other similar means.

§ 41.725   "Recipient" means a person who receives an item of electronic mail.

§ 41.730
1. Except as otherwise provided in NRS 41.735, if a person transmits or causes to be transmitted to a recipient an item of electronic mail that includes an advertisement, the person is liable to the recipient for civil damages unless:
    (a) The person has a preexisting business or personal relationship with the recipient;
    (b) The recipient has expressly consented to receive the item of electronic mail from the person; or
    (c) The advertisement is readily identifiable as promotional, or contains a statement providing that it is an advertisement, and clearly and conspicuously provides:     (1) The legal name, complete street address and electronic mail address of the person transmitting the electronic mail;
    (2) A notice that the recipient may decline to receive additional electronic mail that includes an advertisement from the person transmitting the electronic mail and the procedures for declining such electronic mail; and
    (3) The abbreviation "ADV" or the word "ADVERTISEMENT" as the first word of the subject line of the electronic mail.

 

2. Unless a greater amount of damages is provided pursuant to subsection 3, if a person is liable to a recipient pursuant to subsection 1, the recipient may recover from the person:
    (a) Actual damages or damages of $50 per item of electronic mail received, whichever is greater; and
    (b) Attorney's fees and costs.

3. If a person is liable to a recipient pursuant to subsection 1 and the person:
    (a) Disguised the source of the advertisement;
    (b) Used false or misleading information in the subject line of the electronic mail;
    (c) Provided a false return address;
    (d) Ignored requests made by the recipient to decline receiving additional electronic mail;
    (e) Provided a false address for declining additional electronic mail from the person; or
    (f) Obtained the electronic mail address of the recipient through a method that was not authorized by the recipient,
the recipient may recover actual damages or damages of $500 per item of electronic mail received, whichever is greater, and attorney's fees and costs.

4. In addition to any other recovery that is allowed pursuant to subsection 2 or 3, the recipient may apply to the district court of the county in which the recipient resides for an order enjoining the person from transmitting to the recipient any other item of electronic mail that includes an advertisement.

§ 41.735
    1. If a person provides users with access to a network and, as part of that service, transmits items of electronic mail on behalf of those users, the person is immune from liability for civil damages pursuant to NRS 41.705 to 41.735, inclusive, unless the person transmits an item of electronic mail that includes an advertisement he prepared or caused to be prepared.
    2. The provisions of NRS 41.705 to 41.735, inclusive, do not apply to an item of electronic mail that is obtained by a recipient voluntarily. This subsection includes, but is not limited to, an item of electronic mail that is obtained by a recipient voluntarily from an electronic bulletin board.

UNLAWFUL ACTS REGARDING COMPUTERS AND INFORMATION SERVICES
(selected sections)

[see Nev. Rev. Stat. ch. 205, §§ 205.473 - 205.513, for other relevant provisions]

§ 205.492

1. A person shall not willfully falsify or forge any data, information, image, program, signal or sound that:
    (a) Is contained in the header, subject line or routing instructions of an item of electronic mail; or
    (b) Describes or identifies the sender, source, point of origin or path of transmission of an item of electronic mail,
with the intent to transmit or cause to be transmitted the item of electronic mail to any Internet or network site or to the electronic mail address of one or more recipients without their knowledge of or consent to the transmission.

2. Except as otherwise provided in subsection 7, a person shall not willfully transmit or cause to be transmitted an item of electronic mail to any Internet or network site or to the electronic mail address of one or more recipients without their knowledge of or consent to the transmission if the person knows or has reason to know that the item of electronic mail contains or has been generated or formatted with:

    (a) An Internet domain name that is being used without the consent of the person who holds the Internet domain name; or

    (b) Any data, information, image, program, signal or sound that has been used intentionally in the header, subject line or routing instructions of the item of electronic mail to falsify or misrepresent:

    (1) The identity of the sender; or
    (2) The source, point of origin or path of transmission of the item of electronic mail.

3. A person shall not knowingly sell, give or otherwise distribute or possess with the intent to sell, give or otherwise distribute any data, information, image, program, signal or sound which is designed or intended to be used to falsify or forge any data, information, image, program, signal or sound that:

    (a) Is contained in the header, subject line or routing instructions of an item of electronic mail; or

    (b) Describes or identifies the sender, source, point of origin or path of transmission of an item of electronic mail.

4. Except as otherwise provided in subsection 7, a person shall not willfully and without authorization transmit or cause to be transmitted an item of electronic mail or any other data, information, image, program, signal or sound to any Internet or network site, to the electronic mail address of one or more recipients or to any other computer, system or network:

    (a) With the intent to prevent, impede, delay or disrupt the normal operation or use of the Internet or network site, electronic mail address, computer, system or network, whether or not such a result actually occurs; or

    (b) Under circumstances in which such conduct is reasonably likely to prevent, impede, delay or disrupt the normal operation or use of the Internet or network site, electronic mail address, computer, system or network, whether or not such a result actually occurs.

5. Except as otherwise provided in subsection 6, a person who violates any provision of this section is guilty of a misdemeanor.

6. If the violation of any provision of subsection 4:

    (a) Was committed to devise or execute a scheme to defraud or illegally obtain property;

    (b) Caused response costs, loss, injury or other damage in excess of $ 500; or

    (c) Caused an interruption or impairment of a public service, including, without limitation, a governmental operation, a system of public communication or transportation or a supply of water, gas or electricity,

the person is guilty of a category C felony and shall be punished as provided in NRS 193.130, and may be further punished by a fine of not more than $ 100,000. In addition to any other penalty, the court shall order the person to pay restitution.

7. The provisions of subsections 2 and 4 do not apply to a provider of Internet service who, in the course of providing service, transmits or causes to be transmitted an item of electronic mail on behalf of nother person, unless the provider of Internet service is the person who first generates the item of electronic mail.

8. As used in this section, "item of electronic mail" includes, without limitation:

    (a) A single item of electronic mail;

    (b) Multiple copies of one or more items of electronic mail;

    (c) A collection, group or bulk aggregation of one or more items of electronic mail;

    (d) A constant, continual or recurring pattern or series of one or more items of electronic mail; or

    (e) Any other data, information, image, program, signal or sound that is included or embedded in or attached or connected to one or more items of electronic mail.

§ 205.498

1. A provider of Internet service shall keep confidential:

    (a) All information concerning a subscriber, other than the electronic mail address of the subscriber, unless the subscriber gives permission, in writing or by electronic mail, to the provider of Internet service to disclose the information.

    (b) The electronic mail address of a subscriber, if the subscriber requests, in writing or by electronic mail, to have the electronic mail address of the subscriber kept confidential. Upon receiving such a request from a subscriber, a provider of Internet service shall keep confidential the electronic mail address of the subscriber, unless the subscriber gives permission, in writing or by electronic mail, to the provider of Internet service to disclose the electronic mail address of the subscriber.

2. A provider of Internet service shall provide notice of the requirements of subsection 1 to each of its subscribers. The notice must include, without limitation, a conspicuous statement that a subscriber may request, in writing or by electronic mail, to have the electronic mail address of the subscriber kept confidential.

3. A provider of Internet service who violates any provision of this section is guilty of a misdemeanor and shall be punished by a fine of not less than $ 50 or more than $ 500 for each violation.

4. As used in this section, "provider of Internet service" means a provider of Internet service who charges a subscriber for access to the Internet or the electronic mail address of the subscriber.

 

§ 205.511

1. Any victim of a crime described in NRS 205.473 to 205.513, inclusive, may bring a civil action to recover:
    (a) Damages for any response costs, loss or injury suffered as a result of the crime;
    (b) Punitive damages; and
    (c) Costs and reasonable attorney's fees incurred in bringing the civil action.

2. A victim of a crime described in NRS 205.473 to 205.513, inclusive, may bring a civil action pursuant to this section whether or not the person who committed the crime is or has been charged with or convicted or acquitted of the crime or any other offense arising out of the facts surrounding the crime.

3. The provisions of this section do not abrogate or limit the right of a victim of a crime described in NRS 205.473 to 205.513, inclusive, to bring a civil action pursuant to any other statute or the common law.

§ 205.513

1. If it appears that a person has engaged in or is about to engage in any act or practice which violates any provision of NRS 205.473 to 205.513, inclusive, the attorney general or the appropriate district attorney may file an action in any court of competent jurisdiction to prevent the occurrence or continuance of that act or practice.

2. An injunction:
    (a) May be issued without proof of actual damage sustained by any person.
    (b) Does not preclude the criminal prosecution and punishment of a violator.