Here's the Washington State Law

CHAPTER 19.190 RCW

COMMERCIAL ELECTRONIC MAIL

Sections

19.190.010 Definitions.
19.190.020 Unpermitted or misleading electronic mail--
Prohibition.
19.190.030 Unpermitted or misleading electronic mail--Violation
of consumer protection act.
19.190.040 Violations--Damages.
19.190.050 Blocking of commercial electronic mail by interactive
computer service--Immunity from liability.



RCW 19.190.010 Definitions. The definitions in this section
apply throughout this chapter unless the context clearly requires
otherwise.
(1) "Assist the transmission" means actions taken by a person
to provide substantial assistance or support which enables any
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 any practice that violates the consumer
protection act.
(2) "Commercial electronic mail message" means an electronic
mail message sent for the purpose of promoting real property,
goods, or services for sale or lease. It does not mean an
electronic mail message to which an interactive computer service
provider has attached an advertisement in exchange for free use of
an electronic mail account, when the sender has agreed to such an
arrangement.
(3) "Electronic mail address" means a destination, commonly
expressed as a string of characters, to which electronic mail may
be sent or delivered.
(4) "Initiate the transmission" refers to the action by the
original sender of an electronic mail message, not to the action by
any intervening interactive computer service that may handle or
retransmit the message, unless such intervening interactive
computer service assists in the transmission of an electronic mail
message when it knows, or consciously avoids knowing, that the
person initiating the transmission is engaged, or intends to
engage, in any act or practice that violates the consumer
protection act.
(5) "Interactive computer service" means any information
service, system, or access software provider that provides or
enables computer access by multiple users to a computer server,
including specifically a service or system that provides access to
the internet and such systems operated or services offered by
libraries or educational institutions.
(6) "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.
(7) "Person" means a person, corporation, partnership, or
association. [1999 c 289 § 1; 1998 c 149 § 2.]



RCW 19.190.020 Unpermitted or misleading electronic mail--
Prohibition. (1) No person may initiate the transmission, conspire
with another to initiate the transmission, or assist the
transmission, of a commercial electronic mail message from a
computer located in Washington or to an electronic mail address
that the sender knows, or has reason to know, is held by a
Washington resident that:
(a) Uses a third party's internet domain name without
permission of the third party, or otherwise misrepresents or
obscures any information in identifying the point of origin or the
transmission path of a commercial electronic mail message; or
(b) Contains false or misleading information in the subject
line.
(2) For purposes of this section, a person knows that the
intended recipient of a commercial electronic mail message is a
Washington resident if that information is available, upon request,
from the registrant of the internet domain name contained in the
recipient's electronic mail address. [1999 c 289 § 2; 1998 c 149
§ 3.]



RCW 19.190.030 Unpermitted or misleading electronic mail--
Violation of consumer protection act. (1) It is a violation of the
consumer protection act, chapter 19.86 RCW, to conspire with
another person to initiate the transmission or to initiate the
transmission of a commercial electronic mail message that:
(a) Uses a third party's internet domain name without
permission of the third party, or otherwise misrepresents or
obscures any information in identifying the point of origin or the
transmission path of a commercial electronic mail message; or
(b) Contains false or misleading information in the subject
line.
(2) It is a violation of the consumer protection act, chapter
19.86 RCW, to assist in the transmission of 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 any
act or practice that violates the consumer protection act.
(3) The legislature finds that the practices covered by this
chapter are matters vitally affecting the public interest for the
purpose of applying the consumer protection act, chapter 19.86 RCW.
A violation of this chapter is not reasonable in relation to the
development and preservation of business and is an unfair or
deceptive act in trade or commerce and an unfair method of
competition for the purpose of applying the consumer protection
act, chapter 19.86 RCW. [1999 c 289 § 3; 1998 c 149 § 4.]



RCW 19.190.040 Violations--Damages. (1) Damages to the
recipient of a commercial electronic mail message sent in violation
of this chapter are five hundred dollars, or actual damages,
whichever is greater.
(2) Damages to an interactive computer service resulting from
a violation of this chapter are one thousand dollars, or actual
damages, whichever is greater. [1998 c 149 § 5.]


RCW 19.190.050 Blocking of commercial electronic mail by
interactive computer service--Immunity from liability. (1) An
interactive computer service may, upon its own initiative, block
the receipt or transmission through its service of any commercial
electronic mail that it reasonably believes is, or will be, sent in
violation of this chapter.
(2) No interactive computer service may be held liable for any
action voluntarily taken in good faith to block the receipt or
transmission through its service of any commercial electronic mail
which it reasonably believes is, or will be, sent in violation of
this chapter. [1998 c 149 § 6.]