Net Abuse - Spam & UCE

Net Abuse
Spam, Unsolicited Commercial Email (UCE)

On May 12, 1998, the U.S. Senate adopted S. 1618 by a vote of 99-0. The first part of S. 1618 dealt with telephone slamming - the practice of telephone companies switching residential and business long-distance service without authorization of the customer. This part of the bill is not shown here. The full text of the adopted bill will be available within a few days on Thomas. [The text of this bill was taken from Senator Murkowski's web site]

SECTION 301. REQUIREMENTS RELATING TO TRANSMISSIONS OF UNSOLICITED COMMERCIAL ELECTRONIC MAIL.

(a) INFORMATION TO BE INCLUDED IN TRANSMISSIONS

(1) IN GENERAL-A person who transmits an unsolicited commercial electronic mail message shall cause to appear in each such electronic mail message the information specified in paragraph (2).

(2) COVERED INFORMATION.-The following information shall appear at the beginning of the body of an unsolicited commercial electronic mail message under paragraph (1):

(A) The name, physical address, electronic mail address, and telephone number of the person who initiates transmission of the message.
(B) The name, physical address, electronic mail address, and telephone number of the person who created the content of the message, if different from the information under subparagraph (A).
(C) A statement that further transmissions of unsolicited commercial electronic mail to the recipient by the person who initiates transmission of the message may be stopped at no cost to the recipient by sending a reply to the originating electronic mail address with the word "remove" in the subject line.

(b) ROUTING INFORMATION-All internet routing information contained within or accompanying an electronic mail message described in subsection (a) must be accurate, valid according to the prevailing standards for Internet protocols, and accurately reflect message routing.

SECTION 302. FEDERAL OVERSIGHT OF UNSOLICITED COMMERCIAL ELECTRONIC MAIL.

(a)TRANSMISSIONS.

(1) IN GENERAL.-Upon notice from a person of the person's receipt of electronic mail in violation of a provision of section 301 or 305, the Commission-

(A) may conduct an investigation to determine whether or not the electronic mail was transmitted in violation of such provision; and

(B) if the Commission determines that the electronic mail was transmitted in violation of such provision, may

(i) impose upon the person initiating the transmission a civil fine in an amount not to exceed $15,000;
(ii) commence in a district court of the United States a civil action to recover a civil penalty in an amount not to exceed $15,000 against the person initiating the transmission;
(iii) commence an action in a district court of the United States a civil action to seek injunctive relief; or
(iv) proceed under any combination of the authorities set forth in clauses (i), (ii), and (iii).

(2) DEADLINE.-The Commission may not take action under paragraph (1) (B) with respect to a transmission of electronic mail more than 2 years after the date of the transmission.

(b)ADMINISTRATION.-

(1) NOTICE BY ELECTRONIC MEANS.-The Commission shall establish an Internet web site with an electronic mail address for the receipt of notices under subsection (a).

(2) INFORMATION ON ENFORCEMENT.-The Commission shall make available through the Internet web site established under paragraph (1) information on the actions taken by the Commission under subsection (a) (1) (B).

(3) ASSISTANCE OF OTHER FEDERAL AGENCIES -Other Federal agencies may assist the Commission in carrying out its duties under this section.

SECTION 303. ACTIONS BY STATES.

(a) IN GENERAL- Whenever the attorney general of a State has reason to believe that the interests of the residents of the State have been or are being threatened or adversely affected because any person is engaging in a pattern or practice of the transmission of electronic mail in violation of a provision of section 301 or 305, the State, as parens patriae may bring a civil action on behalf of its residents to enjoin such transmission, to enforce compliance with such provision, to obtain damages or other compensation on behalf of its residents, or to obtain such further and other relief as the court considers appropriate.

(b)NOTICE TO COMMISSION.-

(1) NOTICE-The State shall serve prior written notice of any civil action under this section on the Commission and provide the Commission with a copy of its complaint, except that if it is not feasible for the State to provide such prior notice, the State shall send written notice immediately on instituting such action.

(2) RIGHT OF COMMISSION - On receiving a notice with respect to a civil action under paragraph (1), the Commission shall have the right-
(A) to intervene in the action,
(B) upon so intervening to be heard in all matters arising therein; and
(C) to file petitions for appeal.

(c) ACTIONS BY COMMISSION.--Whenever a civil action has been instituted by or on behalf of the Commission for violation of a provision of section 301 or 305, no State may, during the pendency of such action, institute a civil action under this section against any defendant named in the complaint in such action for violation of any provision as alleged in the complaint.

(d) CONSTRUCTION.-For purposes of bringing a civil action under subsection (a), nothing in this section shall prevent an attorney general from exercising the powers conferred on the attorney general by the laws of the State concerned to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary or other evidence.

(e) VENUE; SERVICE OF PROCESS.-Any civil action brought under subsection (a) in a district court of the United States may be brought in the district in which the defendant is found, is an inhabitant, or transacts business or whenever venue is proper under section 1391 of title 28, United States Code. Process in such an action may be served in any district in which the defendant is an inhabitant or in which the defendant may be found.

(f) ACTION BY OTHER STATE OFFICIALS.-Nothing in this section may be construed to prohibit an authorized State official from proceeding in State court on the basis of an alleged violation of any civil or criminal statute of the State concerned.

(g) DEFINITIONS.-In this section:

(1) ATTORNEY GENERAL.-The term "attorney general" means the chief legal officer of a State.

(2)STATE-The, term "State" means any State of the United States, the District of Columbia, Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, the Republic of Palau, and any possession of the United States.

SECTION 304. INTERACTIVE COMPUTER SERVICE PROVIDERS.

(a)EXEMPTION FOR CERTAIN TRANSMISSIONS.-

(1) EXEMPTION.- Sections 301 or 305 shall not apply to a transmission of electronic mail by an interactive computer service provider unless-
(A) the provider initiates the transmission; or
(B) the transmission is not made to its own customers.

(2) CONSTRUCTION.-Nothing in this subsection may be construed to require an interactive computer service provider to transmit or otherwise deliver any electronic mail message.

(b) ACTIONS BY INTERACTIVE COMPUTER SERVICE PROVIDERS

(1)IN GENERAL.- In addition to any other remedies available under any other provision of law, any interactive computer service provider adversely affected by a violation of a provision of section 301 or 305 may, within 1 year after discovery of the violation, bring a civil action in a district court of the United States against a person who violates such provision. Such an action may be brought to enjoin the violation, to enforce compliance with such provision, to obtain damages, or to obtain such further and other relief as the court considers appropriate.

(2) DAMAGES.-

(A) IN GENERAL.- The amount of damages in an action under this subsection for a violation specified in paragraph (1) may not exceed $15,000 per violation.

(B) RELATIONSHIP TO OTHER DAMAGES- Damages awarded for a violation under this subsection are in addition to any other damages awardable for the violation under any other provision of the law.

(C) COST AND FEES.- The court may, in issuing any final order in any action brought under paragraph (1), award costs of suit, reasonable costs of obtaining service of process, reasonable attorney fees, and expert witness fees for the prevailing party.

(3) VENUE; SERVICE OF PROCESS.- Any civil action brought under paragraph (1) in a district court of the United States may be brought in the district in which the defendant is found, is an inhabitant, or transacts business or wherever venue is proper under section 1391 of title 28, United States Code. Process in such an action may be served in any district in which the defendant is an inhabitant or in which the defendant may be found.

(c) INTERACTIVE COMPUTER SERVICE PROVIDER DEFINED.- In this section, the term "interactive computer service provider" has the meaning given the term "interactive computer service" in section 230(e)(2) of the Communications Act of 1934 (47 U.S.C. 230(e)(2)).

SECTION 305. RECEIPT OF TRANSMISSIONS BY PRIVATE PERSONS.

(a) TERMINATION OF TRANSMISSIONS- A person who receives from any other person an electronic mail message requesting the termination of further transmission of commercial electronic mail shall cease the initiation of further transmissions of such mail to the person making the request.

(b) AFFIRMATIVE AUTHORIZATIONS OF TRANSMISSIONS

(1) IN GENERAL.- Subject to paragraph (2), a person may authorize another person to initiate transmissions of unsolicited commercial electronic mail to the person.
(2) AVAILABILITY OF TERMINATION.- A person initiating transmissions of electronic mail under paragraph (1) shall include, with each transmission of such mail to a person authorizing the transmission under that paragraph, the information specified in section 301(a)(2)(C).

(c) CONSTRUCTIVE AUTHORIZATION OF TRANSMISSIONS (1) IN GENERAL.- Subject to paragraphs (2) and (3), a person who secures a good or service from, or otherwise responds electronically to, an offer in a transmission of unsolicited commercial electronic mail shall be deemed to have authorized the initiation of transmissions of unsolicited commercial electronic mail from the person who initiated the transmission.

(2) NO AUTHORIZATION FOR REQUESTS FOR TERMINATION.- An electronic mail request to cease the initiation of further transmissions of electronic mail under subsection (a) shall not constitute authorization for the initiation of further electronic mail under this subsection.

(3) AVAILABILITY OF TERMINATION.- A person initiating transmissions of electronic mail under paragraph (1) shall include, with each transmission of such mail to a person deemed to have authorized the transmission under that paragraph, the information specified in section 301(a)(2)(C).

(d) EFFECTIVE DATE OF TERMINATION REQUIREMENTS.- Subsections (a), (b)(2), and (c)(3) shall take effect 30 days after the date of enactment of this Act.

SECTION 306. DEFINITIONS.

In this title:

(1) COMMERCIAL ELECTRONIC MAIL.- The term "commercial electronic mail means any electronic mail that-
(A) contains an advertisement for the sale of a product or service;
(B) contains a solicitation for the use of a telephone number, the use of which connects the user to a person or service that advertises the sale of or sells a product or service; or
(C) promotes the use of or contains a list of one or more Internet sites that contain an advertisement referred to in subparagraph (A) or a solicitation referred to in subparagraph (B).

(2) COMMISSION.- The term "Commission" means the Federal Trade Commission.

(3) The term "initiate the transmission" in the case of an electronic mail message means to originate the electronic mail message, and does not encompass any intervening interactive computer service whose facilities may have been used to relay, handle, or otherwise retransmit the electronic mail message, unless the intervening interactive computer service provider knowingly and intentionally retransmits any electronic mail in violation of Sections 301 or 306.

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Net Abuse Spam, Unsolicited Commercial Email (UCE)

Net Abuse
Spam, Unsolicited Commercial Email (UCE)