February 16, 2005, Introduced by Rep. Marleau and referred to the Committee on Energy and Technology.
A bill to amend 2003 PA 42, entitled
"Unsolicited commercial e-mail protection act,"
by amending section 7 (MCL 445.2507).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 7. (1) Except as otherwise provided under subsection (2),
a
person who violates this act is guilty of a misdemeanor felony
punishable
by imprisonment for not more than 1 year 10 years
or a
fine
of not more than $10,000.00 $25,000.00, or both.
(2) A person who violates section 4 or violates this act in
the furtherance of another crime is guilty of a felony punishable
by
imprisonment for not more than 4 15 years or a fine of not
more
than $25,000.00 $50,000.00, or both.
(3) Each commercial e-mail sent in violation of this act is a
separate violation under this section.
(4) An e-mail service provider does not violate this act as a
result of either of the following:
(a) Being an intermediary between the sender and recipient in
the transmission of an unsolicited commercial e-mail that violates
this act.
(b) Provides transmission of unsolicited commercial e-mail
over the provider's network or facilities.
(5) It is prima facie evidence that the sender is in violation
of this section if the recipient is unable to contact the sender
through the return e-mail address provided by the sender under
section 3.
(6) It is a defense to a case brought under this section or an
action under section 8 that the unsolicited commercial e-mail was
transmitted accidentally or as a result of a preexisting business
relationship. The burden of proving that the commercial e-mail was
transmitted accidentally or as a result of a preexisting business
relationship is on the sender.