E-mail bill called unconstitutional

Tuesday, June 17, 1997 | 11:59 a.m.

Gary Peck, state director of the American Civil Liberties Union, said SB13 violates constitutional rights of free speech and commerce.

Under the bill, people couldn't send unsolicited computer e-mail advertisements. Violators would be assessed $10 per message fines.

The bill, authored by Senate Majority Leader Bill Raggio, R-Reno, passed the Senate on a 20-1 vote May 23.

But representatives for major Internet service providers testified against the bill last week at an Assembly Judiciary Committee hearing. Chairman Bernie Anderson, D-Sparks, has scheduled another hearing for Thursday.

Nevada would become the first state restricting e-mail advertisements if the bill becomes law.

"It is a very broad and poorly written bill," Peck said. "If there ever was a business interstate in character, it is the Internet."

Peck said people who sign on with an Internet service provider open their homes or offices to the world. With the Internet comes advertising messages, some unwanted, he added.

"You don't have to read the messages," Peck said. "You can expunge them."

If the bill becomes law, Peck predicted Nevada courts would be deluged with lawsuits from Internet service providers and companies that advertise by e-mail.

Anderson said members realize the bill would break new ground and Peck made some good arguments.

"But the freedom of speech issue for advertising is different than that of freedom of speech for the average person," Anderson said.

He added, however, that passage is far from being a done deal.