You wouldn't know it from the looks of your inbox, but state legislatures have been putting anti-spam laws on the books since 1997. Nevada, for one, may lead the pack in tolerance for prostitution and gambling, but it was the first state to crack down on spam. A few other states, like Florida, have left spam to its own devices, although the state bar associations have required attorneys to label their e-mail solicitations. Here's a run-down of the 26 states with anti-spam laws on the books, from Spamlaws.com.
Arkansas
Enacted: April 2001
Prohibits the use of a third party's domain name without permission, misrepresenting the sender or point of origin, or falsifying routing information.
California
Enacted: September 1998
Opt-out instructions and contact info required. Opt-out requests must be honored. Requires that certain messages have subject line labels of "ADV" or "ADV:ADLT."
Colorado
Enacted: June 2000
Prohibits UCE using a third party's Internet address or domain name without permission, or contains false or missing routing information. Required elements: subject line label, sender's e-mail address, and opt-out instructions. Opt-out requests must be honored.
Connecticut
Enacted: June 1999
Prohibits sending UCE with falsified routing information, and applies to nonresidents who use a computer or computer network located in Connecticut.
Delaware
Enacted: July 1999
UCE and UCE with falsified routing information are prohibited. Messages sent from out of state to Delaware residents violate the law if the sender's knowledge of the recipient being in Delaware is a "reasonable possibility."
Florida
Enacted: N/A
Florida anti-spam legislation doesn't exist. The Florida Bar, however, requires attorneys who send UCE to include the subject line label, "legal advertisement."
Idaho
Enacted: April 2000
UCE must include an e-mail address for opt-out requests, which must be honored. Using a third party's return address without permission is prohibited. Accurate routing information required.
Illinois
Enacted: July 1999
Prohibits UCE with a third party's domain name without permission, with falsified routing information, or with a misleading subject line.
Iowa
Enacted: May 1999
Prohibits UCE using third-party return addresses without permission, or with false or missing routing information. Opt-out instructions and contact information required. Opt-out requests must be honored. Law applies to e-mail sent to or through a computer network in Iowa.
Kansas
Enacted: May 2002
Falsified routing information is prohibited. Third-party domain names can't be used without permission. Misleading subject lines are prohibited. Opt-out instructions required; opt-out requests must be honored. UCE and ads for sexually explicit content must have a subject line label. Applies to messages sent from Kansas, or if the sender knows the recipient is a Kansas resident.
Kentucky
Enacted: N/A
Kentucky has not enacted spam legislation. But similar to Florida, the Kentucky Supreme Court ruled that attorneys advertising via e-mail must include the words, "this is an advertisement," prominently in each message.
Louisiana
Enacted: July 1999
Prohibits UCE sent to more than 1,000 recipients if the messages contain falsified routing information or the sender is violating the sending provider's policies. Like in Florida, lawyers in the state sending UCE must include a label in the subject line.
Maryland
Enacted: May 2002
Third-party domain names can't be used without permission. False or missing routing information is outlawed, as are misleading subject lines. The law applies to messages sent from the state, and to senders who know the recipient is a Maryland resident--as well as if the owner of the domain name in the recipient's address will confirm that the recipient is a Maryland resident.
Minnesota
Enacted: May 2002
Prohibits UCE using a third-party domain name without permission, containing false routing information, or having a misleading subject line. Opt-out instructions and contact information are required. UCE must contain a subject line label. Applies to e-mail sent to state residents through facilities in Minnesota. The takes effect March 2003.
Missouri
Enacted: June 2000
UCE must contain opt-out instructions and contact information.
Nevada
Enacted: July 1997
Despite its tolerance for prostitution and gambling, Nevada was the first state to crack down on spam. The state enacted a second spam statute in 1999 and amended it in 2001. UCE is illegal unless labeled or readily identifiable as an advertisement; it must contain the sender's name, street address, and e-mail address, plus opt-out instructions. Falsified routing information is prohibited. E-mails intending to disrupt the operation of a computer, Internet site, or e-mail address are also illegal.
North Carolina
Enacted: June 1999
It is illegal to send UCE containing falsified routing information, if the message violates a provider's policies. The law applies to messages sent into or within the state.
Ohio
Enacted: August 2002
UCE must contain the sender's name, address, and e-mail address, plus opt-out instructions, which must be honored. By Ohio's definition, messages sent based upon a "direct referral" are not UCE. Forging the sender's address or other routing information is prohibited. A provider whose policies have been violated can sue the sender of the message if the sender had been notified of the policies or had viewed the policies on the provider's Web site .
Oklahoma
Enacted: June 1999
False or missing routing information is prohibited. A court may take action against nonresidents who send messages to or through a provider's network in Oklahoma.
Oregon
Enacted: N/A
The Oregon Bar requires attorneys sending UCE to include "advertisement" prominently in the message body.
Pennsylvania
Enacted: June 2000
UCE containing "explicit sexual materials" must contain a label in the subject line.
Rhode Island
Enacted: July 1999
It is illegal to send UCE in violation of a Rhode Island provider's policies. A separate law requires opt-out instructions and contact information, and that opt-out requests be honored. Third-party domain names can't be used without permission. False routing information is prohibited. This law applies to messages both sent from the state and into the state, if the sender could reasonably have known that the recipient was a Rhode Island resident.
South Dakota
Enacted: February 2002
Prohibits UCE that misrepresents the sender's address or routing information, or has a misleading subject line. The law applies to messages sent from the state, if the sender knows that the recipient is a South Dakota resident, or if the registrant of the domain name in the recipient's address will confirm that the recipient is a state resident. Subject lines must contain a label.
Tennessee
Enacted: June 1999
UCE must include opt-out instructions and contact information, and opt-out requests must be honored. Certain messages must contain a subject line label. The law applies to messages delivered to a Tennessee resident via an in-state provider.
Utah
Enacted: March 2002
UCE must include the sender's name, physical address, and where the message originated. The law applies also to sexually explicit e-mail sent to a Utah resident or through a Utah provider, and must include a subject line label, as well as opt-out instructions. Routing information can't be falsified.
Virginia
Enacted: March 1999
Prohibits UCE containing falsified routing information, if the sender thereby violates a provider's policies. The law applies to nonresidents who use a computer or computer network in the state.
Washington
Enacted: March 1998
Amended in May 1999, this law prohibits UCE using a third-party domain name without permission, containing false or missing routing information, or with a misleading subject line. The law applies to messages sent from the state, if the sender knows that the recipient is a Washington resident, or if the registrant of the domain name in the recipient's address confirms that the recipient is a state resident.
West Virginia
Enacted: March of 1999
Prohibits UCE violating a provider's polices. Prohibits using third-party domain names without permission, misrepresenting the point of origin, using false routing information or misleading subject lines. Requires that messages include the sender's name and return e-mail address, as well as the date and time it was sent. The law applies to messages sent from West Virginia, as well as if the sender could reasonably know that the recipient is a state resident.
Wisconsin
Enacted: June 2001
Requires subject line labels for UCE containing obscene material or sexually explicit content. A separate statute prohibits e-mail harassment.