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S.B. 142
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VETOES
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21-214. ELECTRONIC ERROR: CONSUMER DEFENSES.
(A) IN THIS SECTION, "ELECTRONIC ERROR" MEANS AN ERROR IN AN
ELECTRONIC MESSAGE CREATED BY A CONSUMER USING AN INFORMATION
PROCESSING SYSTEM IF A REASONABLE METHOD TO DETECT AND CORRECT OR
AVOID THE ERROR WAS NOT PROVIDED.
(B) IN AN AUTOMATED TRANSACTION, A CONSUMER IS NOT BOUND BY AN
ELECTRONIC MESSAGE THAT THE CONSUMER DID NOT INTEND AND WHICH WAS
CAUSED BY AN ELECTRONIC ERROR, IF THE CONSUMER:
(1) PROMPTLY ON LEARNING OF THE ERROR:
(A) NOTIFIES THE OTHER PARTY OF THE ERROR; AND
(B) CAUSES DELIVERY TO THE OTHER PARTY OR, PURSUANT TO
REASONABLE INSTRUCTIONS RECEIVED FROM THE OTHER PARTY, DELIVERS TO
ANOTHER PERSON OR DESTROYS ALL COPIES OF THE INFORMATION; AND
(2) HAS NOT USED, OR RECEIVED ANY BENEFIT OR VALUE FROM, THE
INFORMATION OR CAUSED THE INFORMATION OR BENEFIT TO BE MADE AVAILABLE
TO A THIRD PARTY.
(C) IF SUBSECTION (B) OF THIS SECTION DOES NOT APPLY, THE EFFECT OF AN
ELECTRONIC ERROR IS DETERMINED BY OTHER LAW.
21-215. ELECTRONIC MESSAGE: WHEN EFFECTIVE; EFFECT OF ACKNOWLEDGMENT.
(A) RECEIPT OF AN ELECTRONIC MESSAGE IS EFFECTIVE WHEN RECEIVED
EVEN IF NO INDIVIDUAL IS AWARE OF ITS RECEIPT.
(B) RECEIPT OF AN ELECTRONIC ACKNOWLEDGMENT OF AN ELECTRONIC
MESSAGE ESTABLISHES THAT THE MESSAGE WAS RECEIVED BUT BY ITSELF DOES
NOT ESTABLISH THAT THE CONTENT SENT CORRESPONDS TO THE CONTENT
RECEIVED.
21-216. IDEA OR INFORMATION SUBMISSION.
(A) THE FOLLOWING RULES APPLY TO A SUBMISSION OF AN IDEA OR
INFORMATION FOR THE CREATION, DEVELOPMENT. OR ENHANCEMENT OF
COMPUTER INFORMATION WHICH IS NOT MADE PURSUANT TO AN EXISTING
AGREEMENT REQUIRING THE SUBMISSION:
(1) A CONTRACT IS NOT FORMED AND IS NOT IMPLIED FROM THE MERE
RECEIPT OF AN UNSOLICITED SUBMISSION;
(2) ENGAGING IN A BUSINESS, TRADE, OR INDUSTRY THAT BY CUSTOM
OR PRACTICE REGULARLY ACQUIRES IDEAS IS NOT IN ITSELF AN EXPRESS OR
IMPLIED SOLICITATION OF THE INFORMATION: AND
(3) IF THE RECIPIENT SEASONABLY NOTIFIES THE PERSON MAKING
THE SUBMISSION THAT THE RECIPIENT MAINTAINS A PROCEDURE TO RECEIVE AND
REVIEW SUBMISSIONS. A CONTRACT IS FORMED ONLY IF:
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- 3668 -
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