Two new state laws that prohibit sending email with adult-themed content to minors have just gone into effect in Michigan and Utah. Because these laws were written as “child protection” laws rather than email regulations, they can skirt CAN-SPAM’s preemptive wording and essentially create Do-Not-Email lists.

The acts prohibit the following from being sent to addresses registered with each state’s respective list:

Besides limiting email content, the Michigan law prohibits sending links to sites that contain any of the objectionable materials listed above (such as a link to an online store that sells alcohol or tobacco). Click here to see the Michigan bill in full. Click here to see the Utah bill in full.

Both states are building lists of minors’ email addresses. However, neither has provided tools for compliance yet. Once an address has been on either list for at least 30 days, it cannot receive any of the content mentioned above, even if the address’ owner had previously opted in for the information.

Both laws require marketers of any products or services mentioned above to check their mailing lists against the state registries. It will cost money to do this: 7 cents per 100 emails ($0.007 each) in Michigan and 5 cents per 100 emails ($0.005 each) in Utah.

Both laws went into effect on July 1, 2005. Michigan implemented its registry on July 1,with marketers whose products or services fall into the above categories required to check their lists against the registries beginning July 31. Utah implemented its registry on July 15 and will require compliance beginning Aug. 15.

We do not yet know how strictly these laws will be enforced. For now, we encourage you to carefully analyze the content of your sales messages, newsletters, or announcements and especially to watch the links to your own site or those of co-registration, affiliate or other marketing partners.