February 8, 2000 - Introduced by Senator Darling, by request of Lieutenant
Governor Scott McCallum. Referred to Joint survey committee on Tax
Exemptions.
SB375,1,5 1An Act to amend 77.51 (21m); and to create chapter 141 of the statutes;
2relating to: certain electronic mail solicitations, representations and chain
3letters, collection of certain information from visitors to Internet Web sites, a
4sales tax and use tax exemption for providing access to, or use of, the Internet
5and providing a penalty.
Analysis by the Legislative Reference Bureau
This bill prohibits certain types of electronic mail messages and creates
requirements regarding certain information that is obtained by persons that
maintain Web sites on the Internet. The bill also creates a sales tax exemption for
Internet access services.
Electronic mail prohibitions
The bill prohibits the user of an electronic mail service from sending an
electronic mail solicitation or chain letter that uses the service provider's equipment
in a manner that violates the provider's solicitation or chain letter policy. "Electronic
mail solicitation" is defined as an electronic mail message sent to encourage a person
to purchase property, goods or services or to visit a Web site on the Internet. "Chain
letter" is defined as an electronic mail message sent to more than one recipient that
requests each recipient to send copies of the message to other recipients. The bill also
prohibits any person from sending an electronic mail message or chain letter to an
Internet user that uses the equipment of the Internet user's electronic mail service

provider in a manner that violates the provider's solicitation or chain letter policy.
The bill defines "Internet user" as a person that maintains an electronic mail address
with an electronic service provider.
The above prohibitions apply only if the electronic mail service provider
displays the solicitation or chain letter policy on the home page of its Internet Web
site and makes printed copies of the policy available at no charge. The bill provides
for damages for an electronic mail service provider that is injured by a person who
violates either prohibition more than 30 days after the policy is displayed on the
home page. If such an injury occurs, the electronic mail service provider is entitled
to the greater of: 1) the amount of actual damages; 2) $15,000; or 3) $50 for each
electronic mail solicitation or chain letter that violates the policy.
The bill also prohibits a person from sending an electronic mail solicitation
unless the person includes with the solicitation a return electronic mail address or
notice of a toll-free telephone number that the recipient may use to notify the person
that the recipient does not want to receive solicitations. If the recipient provides such
notice to the person, the bill prohibits the person from sending another solicitation
to the recipient. The bill requires the department of agriculture, trade and consumer
protection (DATCP) to investigate complaints about persons that violate this
prohibition, and allows DATCP or any district attorney to bring an action on behalf
of the state for an injunction or other relief. In addition, a person that violates the
prohibition may forfeit no more than $10 for each solicitation that violates the
prohibition, subject to a maximum forfeiture of $1,000 per day in which a violation
occurs.
In addition, the bill prohibits a person from knowingly sending an electronic
mail message that represents either of the following: 1) that the message is from
another person without the consent of that person; or 2) that the message is from an
Internet domain name without the consent of the person that registered the name.
The bill defines "Internet domain name" as a name identifying a person's Internet
address that the person has registered with organization that assigns and maintains
names for Internet addresses. A person that violates this prohibition may be fined
not more than $10,000, imprisoned for not more than two years, or both. For a second
violation, the length of imprisonment increases to no more than five years.
Web site requirements
The bill imposes certain requirements on persons that maintain Web sites for
purposes of doing business in this state. First, such a person may not disclose, in
exchange for money or anything else of value, information about a state resident that
is obtained from the resident's use of the Internet, unless the resident consents to the
disclosure. Second, such a person may not request a child to provide information to
the person through the Internet that includes personal information about the child,
unless the person makes a reasonable effort to obtain the consent of the child's parent
or legal guardian. The bill defines "reasonable effort to obtain consent" to include
requiring the parent or guardian to mail or send a facsimile consent form, provide
a credit card number or provide an electronic signature. A person that violates these
prohibitions may forfeit no more than $10,000 for each violation. In addition, the bill

allows the department of justice to commence an action for an injunction to restrain
a violation.
The bill also requires a person that maintains a Web site for purposes of doing
business in this state to display a notice on the home page of the Web site that
describes any information that the person collects about visitors to the Web site,
including any information that is sold or provided to third parties. If the person sells
or provides information to third parties, the person must allow a visitor to the Web
site to notify the person whether or not the visitor consents to the sale or provision
of information. If a visitor notifies the person that the person does not consent, the
person may not sell or provide the information. A person that violates any of these
requirements may forfeit no more than $10,000.
Sales tax exemption
Finally, the bill creates a sales tax exemption for providing access to the
Internet.
This bill will be referred to the joint survey committee on tax exemptions for a
detailed analysis, which will be printed as an appendix to this bill.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB375, s. 1 1Section 1. 77.51 (21m) of the statutes is amended to read:
SB375,4,22 77.51 (21m) "Telecommunications services" means sending messages and
3information transmitted through the use of local, toll and wide-area telephone
4service; channel services; telegraph services; teletypewriter; computer exchange
5services; cellular mobile telecommunications service; specialized mobile radio;
6stationary two-way radio; paging service; or any other form of mobile and portable
7one-way or two-way communications; or any other transmission of messages or
8information by electronic or similar means between or among points by wire, cable,
9fiber optics, laser, microwave, radio, satellite or similar facilities.
10"Telecommunications services" does not include sending collect telecommunications
11that are received outside of the state. In this subsection, "computer exchange
12services" does not include providing access to or use of the Internet. In this

1subsection, "Internet" means interconnecting networks that are connected to
2network access points by telecommunications services.
SB375, s. 2 3Section 2. Chapter 141 of the statutes is created to read:
SB375,4,4 4Chapter 141
SB375,4,5 5internet transactions
SB375,4,6 6141.01 Definitions. In this chapter:
SB375,4,7 7(1) "Child" means a resident who is less than 15 years of age.
SB375,4,9 8(1g) "Department" means the department of agriculture, trade and consumer
9protection.
SB375,4,11 10(1m) "Display on a home page" means to display in written form on a home page
11or at an Internet address that is readily accessible through a link on a home page.
SB375,4,14 12(1s) "Electronic chain letter" means an electronic mail message that is sent to
13more than one recipient with a request that each recipient send copies of the message
14to other recipients.
SB375,4,17 15(2) "Electronic mail service provider" means any person that is an intermediary
16in sending or receiving electronic mail and that provides to Internet users the ability
17to send or receive electronic mail.
SB375,4,20 18(3) "Electronic mail solicitation" means an electronic mail message that is sent
19for the purpose of encouraging a person to purchase property, goods or services or to
20visit a Web site.
SB375,4,22 21(4) "Home page" means the first page of a Web site that is displayed when a
22person visits the computer address of the Web site.
SB375,5,2 23(5) "Internet domain name" means a name identifying the Internet address of
24a person on the Internet that the person has registered with an organization that
25assigns and maintains names for Internet addresses, including the Internet

1Network Information Center, the U.S. Domain Name Registration Services or any
2successor organization.
SB375,5,4 3(6) "Internet user" means a person that maintains an electronic mail address
4with an electronic mail service provider.
SB375,5,6 5(7) "Public Web site" means a Web site that is accessible at no charge to a person
6who visits the site.
SB375,5,7 7(8) "Resident" means an individual who is a resident of this state.
SB375,5,10 8(9) "Send" means to initiate the transmission of an electronic mail message, but
9does not include any transmission of the message by an electronic mail service
10provider.
SB375,5,13 11(10) "Solicitation or chain letter policy" means the policy of an electronic mail
12service provider regarding the sending of electronic mail solicitations or electronic
13chain letters by or to the provider's Internet users.
SB375,5,15 14(11) "Web site" means a collection of related computer files on the Internet that
15is located at an Internet address.
SB375,5,17 16141.02 Electronic mail. (1) Solicitation or chain letter policy violations.
17(a) Subject to par. (b):
SB375,5,2018 1. No Internet user of an electronic mail service provider may send an electronic
19mail solicitation or electronic chain letter that uses the equipment of the provider in
20a manner that violates the provider's solicitation or chain letter policy.
SB375,5,2421 2. No person may send an electronic mail solicitation or electronic chain letter
22to an Internet user that uses the equipment of the Internet user's electronic mail
23service provider in a manner that violates the provider's solicitation or chain letter
24policy.
SB375,6,3
1(b) The prohibitions under par. (a) apply only to a solicitation or chain letter
2policy that an electronic mail service provider displays on the home page of the
3provider's Web site and makes available in printed form at no charge upon request.
SB375,6,74 (c) An electronic mail service provider who is injured by a violation of par. (a)
5that occurs more than 30 days after the solicitation or chain letter policy is displayed
6on the provider's home page may bring an action against the person who violated par.
7(a) and is entitled to each of the following:
SB375,6,118 1. The greater of the amount of actual damages, $15,000 or an amount equal
9to $50 for each electronic mail solicitation or electronic chain letter that uses the
10provider's equipment in a manner that violates the provider's solicitation or chain
11letter policy.
SB375,6,1312 2. Notwithstanding s. 814.04, costs, disbursements and reasonable attorney
13fees.
SB375,6,18 14(1m) Electronic mail solicitations. (a) No person may send an electronic mail
15solicitation unless the person includes with the solicitation a return electronic mail
16address or notice of a toll-free telephone number that the recipient of the solicitation
17may use to notify the person that the recipient does not want to receive electronic
18mail solicitations.
SB375,6,2419 (b) If a recipient of an electronic mail solicitation uses a return electronic mail
20address or toll-free telephone number specified in par. (a) to notify the person that
21sent the electronic mail solicitation that the recipient does not want to receive an
22electronic mail solicitation, the person may not send another electronic mail
23solicitation to the recipient. A recipient who receives an electronic mail solicitation
24that violates this paragraph may complain to the department.
SB375,7,4
1(c) The department shall investigate each complaint concerning a violation of
2par. (b). The department or any district attorney may on behalf of the state bring an
3action for temporary or permanent injunctive or other relief for any violation of par.
4(b) or for the penalties specified in par. (d) or for both.
SB375,7,75 (d) Any person who violates par. (b) may be required to forfeit not more than
6$10 for each electronic mail solicitation that violates par. (b), subject to a maximum
7forfeiture of $1,000 for each day in which a violation occurs.
SB375,7,15 8(2) Prohibited representations. No person may knowingly send an electronic
9mail message that represents that the message is from another person without the
10consent of that person or that represents that the message is from an Internet
11domain name without the consent of the person who has registered the name.
12Whoever violates this subsection may be fined not more than $10,000 or imprisoned
13for not more than 2 years or both. For a 2nd or subsequent violation of this
14subsection, a person may be fined not more than $10,000 or imprisoned for not more
15than 5 years or both.
SB375,7,20 16141.03 Internet privacy. (1) Consent required. (a) A person that maintains
17a Web site for the purpose of doing business in this state may not disclose to another
18person, for money or anything else of value, any information about a resident that
19is obtained from the resident's use of the Internet, including from an electronic mail
20message sent by the resident, without the consent of the resident.
SB375,8,321 ( b) A person that maintains a Web site for the purpose of doing business in this
22state may not request a child to provide information through the Internet to the
23person that includes personal information about the child without making a
24reasonable effort to obtain the consent of the child's parent or legal guardian. For
25purposes of this paragraph, a "reasonable effort to obtain consent" includes requiring

1a child's parent or guardian to mail or send a facsimile consent form to the person,
2provide a credit card number to the person or provide an electronic signature, as
3defined in s. 137.04 (2), to the person.
SB375,8,64 (c) A person who violates par. (a) or (b) may be required to forfeit not more than
5$10,000 for each violation. Each disclosure of or request for information about one
6resident or child constitutes a separate violation.
SB375,8,97 (d) The department of justice may commence an action in circuit court in the
8name of the state to restrain by temporary or permanent injunction any act or
9practice constituting a violation of par. (a) or (b).
SB375,8,11 10(2) Web site access. (a) A person that maintains a Web site for the purpose
11of doing business in this state shall do each of the following:
SB375,8,1612 1. Display a notice on the home page of the Web site that states whether the
13person collects any information about visitors to the Web site and that describes any
14information that is collected and the purposes for which it is collected, including a
15description of any information that is sold or provided to 3rd parties. A notice
16required under this paragraph shall be in an easily comprehensible format.
SB375,8,2017 2. If the person sells or provides information about visitors to the Web site to
183rd parties, allow a visitor to notify the person, at the time that the visitor visits the
19Web site, whether or not the visitor consents to the sale or provision of such
20information.
SB375,8,2321 (b) If a visitor notifies a person under par. (a) that the visitor does not consent
22to the sale or provision of information specified in par. (a), the person may not sell
23or provide the information to 3rd parties.
SB375,9,224 (c) For purposes of par. (a), a person does not maintain a Web site for the
25purpose of doing business in this state if the person's involvement with the Web site

1is limited only to providing access to the Internet to another person that maintains
2the Web site for the purpose of doing business in this state.
SB375,9,43 (d) A person who violates par. (a) or (b) may be required to forfeit not more than
4$10,000 for each violation.
SB375, s. 3 5Section 3. Initial applicability.
SB375,9,76 (1) The treatment of section 141.02 (1) (a), (1m) and (2) of the statutes first
7applies to electronic mail messages sent on the effective date of this subsection.
SB375,9,98 (2) The treatment of section 141.03 (1) (a) of the statutes first applies to
9disclosures made on the effective date of this subsection.
SB375,9,1110 (3) The treatment of section 141.03 (1) (b) of the statutes first applies to
11requests made on the effective date of this subsection.
SB375, s. 4 12Section 4. Effective date.
SB375,9,1413 (1) This act takes effect on the first day of the 6th month beginning after
14publication.
SB375,9,1515 (End)
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