A. Any person whose property or person is injured by reason of a violation of any provision of Title 17-A, section 434 may sue therefor and recover for any damages sustained and the costs of suit. Without limiting the generality of the term, "damages" includes loss of profits.

B. If the injury under paragraph A arises from the transmission of unsolicited bulk electronic mail, the injured person, other than an electronic mail service provider, may also recover attorney's fees and costs and may elect, in lieu of actual damages, to recover $10 for each unsolicited bulk electronic mail message transmitted in violation of Title 17-A, chapter 18 or $25,000 per day, whichever is less.__The injured person does not have a cause of action against the electronic mail service provider, which merely transmits the unsolicited bulk electronic mail over its computer network.

C. If the injury under paragraph A arises from the transmission of unsolicited bulk electronic mail, an injured electronic mail service provider may also recover attorney's fees and costs and may elect, in lieu of actual damages, to recover $10 for each unsolicited bulk electronic mail message transmitted in violation of Title 17-A, chapter 18 or $25,000 per day, whichever is greater.

At the request of any party to an action brought pursuant to this section, the court may, in its discretion, conduct all legal proceedings in such a way as to protect the secrecy and security of the computer, computer network, computer data, computer program and computer software involved in order to prevent possible recurrence of the same or a similar act by another person and to protect any trade secrets of any party.

The provisions of this chapter may not be construed to limit any person's right to pursue any additional civil remedy otherwise allowed by law.

Sec. 2. 17-A MRSA §431, sub-§2, as enacted by PL 1989, c. 620, is repealed and the following enacted in its place:

2.__"Computer" means an electronic, magnetic, optical, hydraulic or organic device or group of devices that, pursuant to a computer program, human instruction or permanent instructions contained in the device or group of devices, can automatically