Summary of the RID of SPAM ACT of 2003

# ***[Scope of Bill]{.underline}***

> • This bill regulates the sending of solicited and unsolicited
> commercial email (CE and UCE), and the sending of fraudulent
> commercial email.
>
> • UCE is any commercial email message that is not sent with the
> recipient's express consent, or concerning a specific business
> transaction.

-   CE is any email message the primary purpose of which is the
    advertisement or promotion of a product or service

# ***[Regulation of CE]{.underline}***

> • **Necessary Inclusions for All CE**: The bill requires that any
> commercial email (CE) must include:

-   Identification that the message is an advertisement,

-   A notice of the recipient's opportunity to opt-out of receiving
    future emails

-   A valid and functioning email address or other internet-based
    mechanism to opt-out of receiving future emails, and

-   A valid street address (for service of process).

> • **Exercise of Opt-out**:

-   If a recipient exercises the opt-out in the email, the sender (and
    his agent) is prohibited from sending further CE to the recipient
    for three years, unless the recipient subsequently grants consent to
    receive CE

-   If the recipient exercises the opt-out, the sender is prohibited
    from selling or transferring the email address of the recipient.

# ***[Protections Against Fraudulent Practices in sending CE]{.underline}***

> • **Fraudulent Header Information in CE**: The bill makes it unlawful
> to send CE with fraudulent header information (information that
> indicates the source and route of travel of the email -- somewhat akin
> to a return postal address and stamp of the originating post office).
>
> • **Harvesting and sending CE**: The bill makes it unlawful to harvest
> email addresses from a website in order to send CE to those harvested
> addresses.
>
> • **Falsifying Identity of Sender in CE**: The bill makes it unlawful
> to knowingly falsify sender identity when sending CE.
>
> • **Failure to Place Warning Labels on Sexually Oriented CE**: The
> bill makes it unlawful to send sexually oriented CE without the
> inclusion of marks and notices (like a warning label) prescribed by
> the FTC.

# ***[Enforcement]{.underline}***

> • **Prohibition of Class Actions**
>
> • **Internet Service Provider (ISP) Right of Action**:

-   An ISP may bring an action for a violation of transferring an email
    address after opt-out, sending CE with fraudulent header
    information, harvesting and sending CE, falsifying the identity of
    the sender when sending CE, failing to place warning labels on
    sexually oriented CE, or harvesting information from a website with
    the intent to send CE with false identity or send sexually oriented
    CE without warning labels.

-   An ISP may bring an action for a pattern or practice of failure to
    comply with an opt-out. The pattern or practice standard will guard
    against liability for honest mistakes.

-   An ISP may bring an action for injunctive relief, or actual or
    statutory damages.

> • **State Attorney General (SAG) Right of Action**:

-   A SAG may bring an action for a pattern or practice of sending CE
    with fraudulent header information or harvesting and sending CE. A
    SAG may bring an action for injunctive relief, or actual or
    statutory damages.

-   A SAG may bring an action for falsifying the identity of the sender
    when sending CE, failing to place warning labels on sexually
    oriented CE, or harvesting information from a website with the
    intent to send CE with false identity or send sexually oriented CE
    without warning labels, unless the FTC or United States Attorney
    General (USAG) has commenced action.

> • **FTC**

-   The FTC may enforce the failure to include necessary inclusion using
    any and all means available under the FTC Act. The FTC is the only
    enforcer of the inclusions required in 101(a).

-   The FTC may enforce this bill under the FTC Act without regard to
    restrictions on jurisdiction under that Act. This means we sweep in
    banks, credit unions, common carriers and stockyards.

> • **Criminal Offenses:** The bill makes it a federal crime to falsify
> the identity of the sender when sending CE, to fail to place warning
> labels on sexually oriented CE, or to harvest information from a
> website with the intent to send CE with false identity or send
> sexually oriented CE without warning labels.
>
> • **USAG Civil Authority:** The USAG may recover civil damages for any
> of the violations it may enforce criminally.