United States Spam Laws:

Arkansas
A law enacted in April of 2001 makes it illegal to send unsolicited e-mail messages that use a third party's domain name without permission, misrepresent the sender or point of origin, or contain falsified routing information. It is also illegal to distribute software designed to falsify routing information.

California
Under legislation approved in September 1998, unsolicited commercial e-mail messages must include opt-out instructions and contact information, and opt-out requests must be honored. Certain messages must contain a label ("ADV:" or "ADV:ADLT") at the beginning of the subject line. A provider may sue a sender of unsolicited commercial e-mail for violating the provider's policies if the sender has actual notice of such policies. The law applies to e-mail that is delivered to a California resident via a provider's facilities located in California.

Colorado
The Colorado Junk Email Law, enacted in June 2000, prohibits the sending of unsolicited commercial e-mail that uses a third party's Internet address or domain name without permission, or contains false or missing routing information. Unsolicited commercial e-mail messages must contain a label ("ADV:") at the beginning of the subject line, and must include the sender's e-mail address and opt-out instructions; opt-out requests must be honored. The law applies to e-mail that is sent toColorado residents via a provider's service or equipment located in Colorado.

Connecticut
A Connecticut law enacted in June 1999 makes it illegal to send unsolicited bulk e-mail containing falsified routing information in violation of a provider's policies, or to distribute software designed to falsify routing information. A court may exercise personal jurisdiction over a nonresident who uses a computer or computer network located in Connecticut.

Delaware
Under legislation approved in July 1999, it is illegal to send unsolicited bulk commercial e-mail, to send unsolicited bulk e-mail containing falsified routing information, or to distribute software designed to falsify routing information. The law applies to messages originating outside the state if the recipient is located in Delaware and the sender is aware of facts making the recipient's presence in Delaware a reasonable possibility.

Florida
Florida has not enacted spam legislation, although a Florida bar rule (Fla. R.P.C. 4-7.6(c)(3)) requires attorneys who advertise via unsolicited e-mail to put "legal advertisement" in the subject line.

Idaho
A law approved in April 2000 requires that unsolicited bulk commercial e-mail messages must include an e-mail address for opt-out requests and requires senders to honor opt-out requests. Such messages may not use a third party's name for the return address without permission, and must contain accurate routing information.

Illinois
Legislation approved in July 1999 makes it illegal to send an unsolicited commercial e-mail message using a third party's domain name without permission; containing falsified routing information; or with a false or misleading subject line. The law applies to e-mail that is delivered to an Illinois resident via a provider's facilities located in Illinois. A separate provision makes it illegal to send unsolicited bulk e-mail with falsified routing information or to distribute software designed to falsify routing information.

Iowa
An Iowa law approved in May 1999 prohibits the sending of unsolicited bulk e-mail that uses a third party's name for the return address without permission, or contains false or missing routing information. Unsolicited bulk commercial e-mail messages must include opt-out instructions and contact information, and opt-out requests must be honored. The law applies to e-mail that is sent to or through a computer network located in Iowa.

Kansas
Under a Kansas law enacted in May 2002, commercial e-mail messages may not contain falsified routing information, use a third party's domain name without permission, or have a false or misleading subject line. Senders of commercial e-mail messages must include opt-out instructions and honor opt-out requests. Unsolicited bulk commercial e-mail messages (500 or more recipients) and advertisements for sexually explicit content must contain a label ("ADV:" or "ADV:ADLT") at the beginning of the subject line. The law applies if a message is sent from within Kansas, or if the sender knows that the recipient is a Kansas resident. The law also prohibits the distribution of software designed to falsify routing information.

Kentucky
Kentucky has not enacted spam legislation. A Kentucky Supreme Court rule (Ky. Sup. Ct. R. 3.130(7.09)(3), as amended effective January 2002) requires attorneys who advertise via written, recorded, or electronic communication targeted at potential clients to include the words "THIS IS AN ADVERTISEMENT" prominently in each communication.

Louisiana
A Louisiana law approved in July 1999 makes it illegal to send unsolicited bulk commercial e-mail to more than 1,000 recipients if the e-mail messages contain falsified routing information or the sender uses a provider's facilities to transmit the messages in violation of the provider's policies. The law also prohibits the distribution of software designed to falsify routing information. A Louisiana bar rule (Rules of Professional Conduct, Rule 7.2(b)(iii)(B)) was amended in November 2001 to require attorneys who advertise via unsolicited e-mail targeted at potential clients to use a subject line that states "This is an advertisement for legal services."

Maryland
Under a Maryland law enacted in May 2002, it is illegal to send a commercial e-mail message that uses a third party's domain name without permission; that contains false or missing routing information; or with a false or misleading subject line. The law applies if a message is sent from within Maryland; if the sender knows that the recipient is a Maryland resident; or if the registrant of the domain name contained in the recipient's address will confirm upon request that the recipient is a Maryland resident.

Minnesota
A Minnesota law enacted in May 2002 prohibits commercial e-mail that uses a third party's domain name without permission, contains false routing information; or has a false or misleading subject line. Such messages must contain opt-out instructions and contact information. Unsolicited commercial e-mail messages must contain a label ("ADV:" or "ADV-ADULT") at the beginning of the subject line. The law takes effect in March 2003 and applies to messages sent to Minnesota residents through facilities located in Minnesota.

Missouri
A Missouri law enacted in June 2000 requires unsolicited commercial e-mail messages to contain opt-out instructions and contact information. Nevada In July 1997 Nevada became the first state to enact spam legislation. A second spam statute was enacted by the state in 1999 and amended in 2001. Under current Nevada law, it is illegal to send unsolicited commercial e-mail unless it is labeled or otherwise readily identifiable as an advertisement and includes the sender's name, street address, and e-mail address, along with opt-out instructions. The law prohibits all unsolicited e-mail that contains falsified routing information; that is sent with the intent to disrupt the normal operation or use of a computer, Internet site, or e-mail address; or that is reasonably likely to cause such disruption. The state also prohibits the distribution of software that is designed to falsify routing information. North Carolina Legislation approved in June 1999 makes it illegal to send unsolicited bulk commercial e-mail containing falsified routing information, if the sender thereby violates a provider's policies. The law applies to e-mail sent into or within the state.

Ohio
A spam-related bill was approved by the Ohio General Assembly in June 2002. As of late July it has not yet been presented to the Governor for approval. The bill would require unsolicited commercial e-mail messages to contain the sender's name, address, and e-mail address, along with opt-out instructions, and would require senders to honor out-out requests; these requirements would not apply to messages sent based upon a "direct referral" from another person. It would be illegal to forge the sender's address or other routing information in commercial e-mail messages. The bill would also enable a provider to sue a sender of commercial e-mail for violating the provider's policies if the sender had actual notice of such policies, or if the policies were posted on the provider's web site and were communicated electronically to the sender's computer.

Oklahoma
An Oklahoma law approved in June 1999 makes it illegal to send an e-mail message that contains false or missing routing information, or to distribute software designed to falsify routing information. A court may exercise personal jurisdiction over a nonresident who sends a message to or through the network of a provider located in Oklahoma.

Oregon
Oregon has not enacted spam legislation, although an Oregon bar rule (Ore. Code Prof. Resp. DR 2-101(H)) requires attorneys who advertise via unsolicited e-mail targeted at potential clients to include the word "Advertisement" prominently in the message body. Pennsylvania A Pennsylvania law approved in June 2000 requires unsolicited commercial e-mail messages containing "explicit sexual materials" to contain a label ("ADV-ADULT") at the beginning of the subject line.

Rhode Island
Under legislation approved in July 1999, it is illegal to send unsolicited bulk e-mail with falsified routing information using a Rhode Island provider in violation of the provider's policies, or to distribute software designed to falsify routing information. A separate law requires unsolicited commercial e-mail messages to include opt-out instructions and contact information, and opt-out requests must be honored; it is illegal to send unsolicited commercial e-mail using a third party's domain name without permission or containing false routing information. This law applies to messages sent from a computer located in Rhode Island and to messages sent into the state, if the sender had reason to know that the recipient was a Rhode Island resident or the recipient had previously submitted an opt-out request to the sender.

South Dakota
Legislation approved in February 2002 prohibits sending commercial e-mail that misrepresents or obscures its point of origin or routing information, or contains a false or misleading subject line. The law applies if a message is sent from within South Dakota; if the sender knows that the recipient is a South Dakota resident; or if the registrant of the domain name contained in the recipient's address will confirm upon request that the recipient is a South Dakota resident. Unsolicited commercial e-mail messages must contain a label ("ADV:" or "ADV:ADLT") at the beginning of the subject line.

Tennessee
Under legislation approved in June 1999, unsolicited bulk commercial e-mail messages must include opt-out instructions and contact information, and opt-out requests must be honored. Certain messages must contain a label ("ADV:" or "ADV:ADLT") at the beginning of the subject line. The law applies to e-mail that is delivered to a Tennessee resident via a provider's facilities located in Tennessee. The distribution of software designed to falsify routing information is also prohibited. (Use "without authority" is defined to include sending unsolicited bulk e-mail in violation of a provider's policies, although the statute does not provide any consequences for such use.)

Utah
Legislation enacted in March 2002 applies to unsolicited commercial e-mail and unsolicited sexually explicit e-mail that is sent through a provider in Utah or to a resident of Utah. Such messages must disclose the sender's name and physical address, and the point of origin of the message; and must include a label ("ADV:" or "ADV:ADULT") at the beginning of the subject line, along with opt-out instructions. The law also prohibits the falsification of routing information in such messages.

Virginia
Legislation approved in March 1999 makes it illegal to send unsolicited bulk e-mail containing falsified routing information, if the sender thereby violates a provider's policies, or to distribute software designed to falsify routing information. A court may exercise personal jurisdiction over a nonresident who uses a computer or computer network located in Virginia.

Washington
Under a Washington state law enacted in March 1998 and amended in May 1999, it is illegal to send a commercial e-mail message that uses a third party's domain name without permission; that contains false or missing routing information; or with a false or misleading subject line. The law applies if a message is sent from within Washington; if the sender knows that the recipient is a Washington resident; or if the registrant of the domain name contained in the recipient's address will confirm upon request that the recipient is a Washington resident.

West Virginia
A law enacted in March of 1999 makes it illegal to send unsolicited bulk e-mail messages in violation of a provider's policies that use a third party's domain name without permission, misrepresent the point of origin or other routing information, have a false or misleading subject line, or contain sexually explicit materials. Each message must include the sender's name and return e-mail address, along with the date and time it was sent. It is also illegal to distribute software designed to falsify routing information. The law applies if a message is sent from a computer located in West Virginia, or if the sender knows or has reason to know that the recipient is a resident of West Virginia.

Wisconsin
In June 2001 Wisconsin enacted a statute that requires unsolicited commercial e-mail messages that contain obscene material or depict sexually explicit conduct to include the words "ADULT ADVERTISEMENT" in the subject line. A separate Wisconsin statute prohibits e-mail harassment (Wis. Stat. § 947.0125), but does not appear to apply to most unsolicited bulk or commercial e-mail.