California Business and Professionals Code section 17538.45 states (in part):
(f) (1) In addition to any other action available under law, any
electronic mail service provider whose policy on unsolicited
electronic mail advertisements is violated as provided in this
section may bring a civil action to recover the actual monetary loss
suffered by that provider by reason of that violation, or liquidated
damages of fifty dollars ($50) for each electronic mail message
initiated or delivered in violation of this section, up to a maximum
of twenty-five thousand dollars ($25,000) per day, whichever amount
is greater.
(2) In any action brought pursuant to paragraph (1), the court may
award reasonable attorney's fees to a prevailing party.
(3) (A) In any action brought pursuant to paragraph (1), the
electronic mail service provider shall be required to establish as an
element of its cause of action that prior to the alleged violation,
the defendant had actual notice of both of the following:
(i) The electronic mail service provider's policy on unsolicited
electronic mail advertising.
(ii) The fact that the defendant's unsolicited electronic mail
advertisements would use or cause to be used the electroni
(B) In this regard, the Legislature finds that with rapid advances
in Internet technology, and electronic mail technology in
particular, Internet service providers are already experimenting with
embedding policy statements directly into the software running on
the computers used to provide electronic mail services in a manner
that displays the policy statements every time an electronic mail
delivery is requested. While the state of the technology does not
support such a finding at present, the Legislature believes that, in
a given case at some future date, a showing that notice was supplied
via electronic means between the sending and receiving computers
could be held to constitute actual notice to the sender for purposes
of this paragraph.
With regard to section B, above, is there currently a recognized automatic
notification by sendmail or other MTAs that spam is not accepted?
Harold
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