-CITE-
    15 USC CHAPTER 103 - CONTROLLING THE ASSAULT OF
           NON-SOLICITED PORNOGRAPHY AND MARKETING         01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 103 - CONTROLLING THE ASSAULT OF NON-SOLICITED PORNOGRAPHY
                   AND MARKETING                 

-HEAD-
    CHAPTER 103 - CONTROLLING THE ASSAULT OF NON-SOLICITED PORNOGRAPHY
                               AND MARKETING

-MISC1-
    Sec.                                                     
    7701.       Congressional findings and policy.                    
    7702.       Definitions.                                          
    7703.       Prohibition against predatory and abusive commercial
                 e-mail.                                              
    7704.       Other protections for users of commercial electronic
                 mail.                                                
    7705.       Businesses knowingly promoted by electronic mail with
                 false or misleading transmission information.        
    7706.       Enforcement generally.                                
    7707.       Effect on other laws.                                 
    7708.       Do-Not-E-Mail registry.                               
    7709.       Study of effects of commercial electronic mail.       
    7710.       Improving enforcement by providing rewards for
                 information about violations; labeling.              
    7711.       Regulations.                                          
    7712.       Application to wireless.                              
    7713.       Separability.                                         

-End-

-CITE-
    15 USC Sec. 7701                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 103 - CONTROLLING THE ASSAULT OF NON-SOLICITED PORNOGRAPHY
                   AND MARKETING                 

-HEAD-
    Sec. 7701. Congressional findings and policy

-STATUTE-
    (a) Findings
      The Congress finds the following:
        (1) Electronic mail has become an extremely important and
      popular means of communication, relied on by millions of
      Americans on a daily basis for personal and commercial purposes.
      Its low cost and global reach make it extremely convenient and
      efficient, and offer unique opportunities for the development and
      growth of frictionless commerce.
        (2) The convenience and efficiency of electronic mail are
      threatened by the extremely rapid growth in the volume of
      unsolicited commercial electronic mail. Unsolicited commercial
      electronic mail is currently estimated to account for over half
      of all electronic mail traffic, up from an estimated 7 percent in
      2001, and the volume continues to rise. Most of these messages
      are fraudulent or deceptive in one or more respects.
        (3) The receipt of unsolicited commercial electronic mail may
      result in costs to recipients who cannot refuse to accept such
      mail and who incur costs for the storage of such mail, or for the
      time spent accessing, reviewing, and discarding such mail, or for
      both.
        (4) The receipt of a large number of unwanted messages also
      decreases the convenience of electronic mail and creates a risk
      that wanted electronic mail messages, both commercial and
      noncommercial, will be lost, overlooked, or discarded amidst the
      larger volume of unwanted messages, thus reducing the reliability
      and usefulness of electronic mail to the recipient.
        (5) Some commercial electronic mail contains material that many
      recipients may consider vulgar or pornographic in nature.
        (6) The growth in unsolicited commercial electronic mail
      imposes significant monetary costs on providers of Internet
      access services, businesses, and educational and nonprofit
      institutions that carry and receive such mail, as there is a
      finite volume of mail that such providers, businesses, and
      institutions can handle without further investment in
      infrastructure.
        (7) Many senders of unsolicited commercial electronic mail
      purposefully disguise the source of such mail.
        (8) Many senders of unsolicited commercial electronic mail
      purposefully include misleading information in the messages'
      subject lines in order to induce the recipients to view the
      messages.
        (9) While some senders of commercial electronic mail messages
      provide simple and reliable ways for recipients to reject (or
      "opt-out" of) receipt of commercial electronic mail from such
      senders in the future, other senders provide no such "opt-out"
      mechanism, or refuse to honor the requests of recipients not to
      receive electronic mail from such senders in the future, or both.
        (10) Many senders of bulk unsolicited commercial electronic
      mail use computer programs to gather large numbers of electronic
      mail addresses on an automated basis from Internet websites or
      online services where users must post their addresses in order to
      make full use of the website or service.
        (11) Many States have enacted legislation intended to regulate
      or reduce unsolicited commercial electronic mail, but these
      statutes impose different standards and requirements. As a
      result, they do not appear to have been successful in addressing
      the problems associated with unsolicited commercial electronic
      mail, in part because, since an electronic mail address does not
      specify a geographic location, it can be extremely difficult for
      law-abiding businesses to know with which of these disparate
      statutes they are required to comply.
        (12) The problems associated with the rapid growth and abuse of
      unsolicited commercial electronic mail cannot be solved by
      Federal legislation alone. The development and adoption of
      technological approaches and the pursuit of cooperative efforts
      with other countries will be necessary as well.
    (b) Congressional determination of public policy
      On the basis of the findings in subsection (a), the Congress
    determines that - 
        (1) there is a substantial government interest in regulation of
      commercial electronic mail on a nationwide basis;
        (2) senders of commercial electronic mail should not mislead
      recipients as to the source or content of such mail; and
        (3) recipients of commercial electronic mail have a right to
      decline to receive additional commercial electronic mail from the
      same source.

-SOURCE-
    (Pub. L. 108-187, Sec. 2, Dec. 16, 2003, 117 Stat. 2699.)

-MISC1-
                              EFFECTIVE DATE                          
      Pub. L. 108-187, Sec. 16, Dec. 16, 2003, 117 Stat. 2719, provided
    that: "The provisions of this Act [see Short Title note below],
    other than section 9 [enacting section 7708 of this title], shall
    take effect on January 1, 2004."

                                SHORT TITLE                            
      Pub. L. 108-187, Sec. 1, Dec. 16, 2003, 117 Stat. 2699, provided
    that: "This Act [enacting this chapter and section 1037 of Title
    18, Crimes and Criminal Procedure, amending section 227 of Title
    47, Telegraphs, Telephones, and Radiotelegraphs, and enacting
    provisions listed in a table relating to sentencing guidelines set
    out as a note under section 994 of Title 28, Judiciary and Judicial
    Procedure] may be cited as the 'Controlling the Assault of Non-
    Solicited Pornography and Marketing Act of 2003', or the 'CAN-SPAM
    Act of 2003'."

-End-

-CITE-
    15 USC Sec. 7702                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 103 - CONTROLLING THE ASSAULT OF NON-SOLICITED PORNOGRAPHY
                   AND MARKETING                 

-HEAD-
    Sec. 7702. Definitions

-STATUTE-
      In this chapter:
      (1) Affirmative consent
        The term "affirmative consent", when used with respect to a
      commercial electronic mail message, means that - 
          (A) the recipient expressly consented to receive the message,
        either in response to a clear and conspicuous request for such
        consent or at the recipient's own initiative; and
          (B) if the message is from a party other than the party to
        which the recipient communicated such consent, the recipient
        was given clear and conspicuous notice at the time the consent
        was communicated that the recipient's electronic mail address
        could be transferred to such other party for the purpose of
        initiating commercial electronic mail messages.
      (2) Commercial electronic mail message
        (A) In general
          The term "commercial electronic mail message" means any
        electronic mail message the primary purpose of which is the
        commercial advertisement or promotion of a commercial product
        or service (including content on an Internet website operated
        for a commercial purpose).
        (B) Transactional or relationship messages
          The term "commercial electronic mail message" does not
        include a transactional or relationship message.
        (C) Regulations regarding primary purpose
          Not later than 12 months after December 16, 2003, the
        Commission shall issue regulations pursuant to section 7711 of
        this title defining the relevant criteria to facilitate the
        determination of the primary purpose of an electronic mail
        message.
        (D) Reference to company or website
          The inclusion of a reference to a commercial entity or a link
        to the website of a commercial entity in an electronic mail
        message does not, by itself, cause such message to be treated
        as a commercial electronic mail message for purposes of this
        chapter if the contents or circumstances of the message
        indicate a primary purpose other than commercial advertisement
        or promotion of a commercial product or service.
      (3) Commission
        The term "Commission" means the Federal Trade Commission.
      (4) Domain name
        The term "domain name" means any alphanumeric designation which
      is registered with or assigned by any domain name registrar,
      domain name registry, or other domain name registration authority
      as part of an electronic address on the Internet.
      (5) Electronic mail address
        The term "electronic mail address" means a destination,
      commonly expressed as a string of characters, consisting of a
      unique user name or mailbox (commonly referred to as the "local
      part") and a reference to an Internet domain (commonly referred
      to as the "domain part"), whether or not displayed, to which an
      electronic mail message can be sent or delivered.
      (6) Electronic mail message
        The term "electronic mail message" means a message sent to a
      unique electronic mail address.
      (7) FTC Act
        The term "FTC Act" means the Federal Trade Commission Act (15
      U.S.C. 41 et seq.).
      (8) Header information
        The term "header information" means the source, destination,
      and routing information attached to an electronic mail message,
      including the originating domain name and originating electronic
      mail address, and any other information that appears in the line
      identifying, or purporting to identify, a person initiating the
      message.
      (9) Initiate
        The term "initiate", when used with respect to a commercial
      electronic mail message, means to originate or transmit such
      message or to procure the origination or transmission of such
      message, but shall not include actions that constitute routine
      conveyance of such message. For purposes of this paragraph, more
      than one person may be considered to have initiated a message.
      (10) Internet
        The term "Internet" has the meaning given that term in the
      Internet Tax Freedom Act (47 U.S.C. 151 nt).
      (11) Internet access service
        The term "Internet access service" has the meaning given that
      term in section 231(e)(4) of title 47.
      (12) Procure
        The term "procure", when used with respect to the initiation of
      a commercial electronic mail message, means intentionally to pay
      or provide other consideration to, or induce, another person to
      initiate such a message on one's behalf.
      (13) Protected computer
        The term "protected computer" has the meaning given that term
      in section 1030(e)(2)(B) of title 18.
      (14) Recipient
        The term "recipient", when used with respect to a commercial
      electronic mail message, means an authorized user of the
      electronic mail address to which the message was sent or
      delivered. If a recipient of a commercial electronic mail message
      has one or more electronic mail addresses in addition to the
      address to which the message was sent or delivered, the recipient
      shall be treated as a separate recipient with respect to each
      such address. If an electronic mail address is reassigned to a
      new user, the new user shall not be treated as a recipient of any
      commercial electronic mail message sent or delivered to that
      address before it was reassigned.
      (15) Routine conveyance
        The term "routine conveyance" means the transmission, routing,
      relaying, handling, or storing, through an automatic technical
      process, of an electronic mail message for which another person
      has identified the recipients or provided the recipient
      addresses.
      (16) Sender
        (A) In general
          Except as provided in subparagraph (B), the term "sender",
        when used with respect to a commercial electronic mail message,
        means a person who initiates such a message and whose product,
        service, or Internet web site is advertised or promoted by the
        message.
        (B) Separate lines of business or divisions
          If an entity operates through separate lines of business or
        divisions and holds itself out to the recipient throughout the
        message as that particular line of business or division rather
        than as the entity of which such line of business or division
        is a part, then the line of business or the division shall be
        treated as the sender of such message for purposes of this
        chapter.
      (17) Transactional or relationship message
        (A) In general
          The term "transactional or relationship message" means an
        electronic mail message the primary purpose of which is - 
            (i) to facilitate, complete, or confirm a commercial
          transaction that the recipient has previously agreed to enter
          into with the sender;
            (ii) to provide warranty information, product recall
          information, or safety or security information with respect
          to a commercial product or service used or purchased by the
          recipient;
            (iii) to provide - 
              (I) notification concerning a change in the terms or
            features of;
              (II) notification of a change in the recipient's standing
            or status with respect to; or
              (III) at regular periodic intervals, account balance
            information or other type of account statement with respect
            to,

          a subscription, membership, account, loan, or comparable
          ongoing commercial relationship involving the ongoing
          purchase or use by the recipient of products or services
          offered by the sender;
            (iv) to provide information directly related to an
          employment relationship or related benefit plan in which the
          recipient is currently involved, participating, or enrolled;
          or
            (v) to deliver goods or services, including product updates
          or upgrades, that the recipient is entitled to receive under
          the terms of a transaction that the recipient has previously
          agreed to enter into with the sender.
        (B) Modification of definition
          The Commission by regulation pursuant to section 7711 of this
        title may modify the definition in subparagraph (A) to expand
        or contract the categories of messages that are treated as
        transactional or relationship messages for purposes of this
        chapter to the extent that such modification is necessary to
        accommodate changes in electronic mail technology or practices
        and accomplish the purposes of this chapter.

-SOURCE-
    (Pub. L. 108-187, Sec. 3, Dec. 16, 2003, 117 Stat. 2700.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in text, was in the original "this
    Act", meaning Pub. L. 108-187, Dec. 16, 2003, 117 Stat. 2699, which
    is classified principally to this chapter. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 7701 of this title and Tables.
      The Federal Trade Commission Act, referred to in par. (7), is act
    Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is
    classified generally to subchapter I (Sec. 41 et seq.) of chapter 2
    of this title. For complete classification of this Act to the Code,
    see section 58 of this title and Tables.
      The Internet Tax Freedom Act, referred to in par. (10), is title
    XI of Pub. L. 105-277, div. C, Oct. 21, 1998, 112 Stat. 2681-719,
    which is set out as a note under section 151 of Title 47,
    Telegraphs, Telephones, and Radiotelegraphs.

-End-

-CITE-
    15 USC Sec. 7703                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 103 - CONTROLLING THE ASSAULT OF NON-SOLICITED PORNOGRAPHY
                   AND MARKETING                 

-HEAD-
    Sec. 7703. Prohibition against predatory and abusive commercial e-
      mail

-STATUTE-
    (a) Omitted
    (b) United States Sentencing Commission
      (1) Directive
        Pursuant to its authority under section 994(p) of title 28 and
      in accordance with this section, the United States Sentencing
      Commission shall review and, as appropriate, amend the sentencing
      guidelines and policy statements to provide appropriate penalties
      for violations of section 1037 of title 18, as added by this
      section, and other offenses that may be facilitated by the
      sending of large quantities of unsolicited electronic mail.
      (2) Requirements
        In carrying out this subsection, the Sentencing Commission
      shall consider providing sentencing enhancements for - 
          (A) those convicted under section 1037 of title 18 who - 
            (i) obtained electronic mail addresses through improper
          means, including - 
              (I) harvesting electronic mail addresses of the users of
            a website, proprietary service, or other online public
            forum operated by another person, without the authorization
            of such person; and
              (II) randomly generating electronic mail addresses by
            computer; or

            (ii) knew that the commercial electronic mail messages
          involved in the offense contained or advertised an Internet
          domain for which the registrant of the domain had provided
          false registration information; and

          (B) those convicted of other offenses, including offenses
        involving fraud, identity theft, obscenity, child pornography,
        and the sexual exploitation of children, if such offenses
        involved the sending of large quantities of electronic mail.
    (c) Sense of Congress
      It is the sense of Congress that - 
        (1) Spam has become the method of choice for those who
      distribute pornography, perpetrate fraudulent schemes, and
      introduce viruses, worms, and Trojan horses into personal and
      business computer systems; and
        (2) the Department of Justice should use all existing law
      enforcement tools to investigate and prosecute those who send
      bulk commercial e-mail to facilitate the commission of Federal
      crimes, including the tools contained in chapters 47 and 63 of
      title 18 (relating to fraud and false statements); chapter 71 of
      title 18 (relating to obscenity); chapter 110 of title 18
      (relating to the sexual exploitation of children); and chapter 95
      of title 18 (relating to racketeering), as appropriate.

-SOURCE-
    (Pub. L. 108-187, Sec. 4, Dec. 16, 2003, 117 Stat. 2703.)

-COD-
                               CODIFICATION                           
      Section is comprised of section 4 of Pub. L. 108-187. Subsec. (a)
    of section 4 of Pub. L. 108-187 enacted section 1037 of Title 18,
    Crimes and Criminal Procedure, and amended analysis for chapter 47
    of Title 18. The provisions of subsec. (b) of section 4 of Pub. L.
    108-187 are also listed in a table relating to sentencing
    guidelines set out as a note under section 994 of Title 28,
    Judiciary and Judicial Procedure.

-End-

-CITE-
    15 USC Sec. 7704                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 103 - CONTROLLING THE ASSAULT OF NON-SOLICITED PORNOGRAPHY
                   AND MARKETING                 

-HEAD-
    Sec. 7704. Other protections for users of commercial electronic
      mail

-STATUTE-
    (a) Requirements for transmission of messages
      (1) Prohibition of false or misleading transmission information
        It is unlawful for any person to initiate the transmission, to
      a protected computer, of a commercial electronic mail message, or
      a transactional or relationship message, that contains, or is
      accompanied by, header information that is materially false or
      materially misleading. For purposes of this paragraph - 
          (A) header information that is technically accurate but
        includes an originating electronic mail address, domain name,
        or Internet Protocol address the access to which for purposes
        of initiating the message was obtained by means of false or
        fraudulent pretenses or representations shall be considered
        materially misleading;
          (B) a "from" line (the line identifying or purporting to
        identify a person initiating the message) that accurately
        identifies any person who initiated the message shall not be
        considered materially false or materially misleading; and
          (C) header information shall be considered materially
        misleading if it fails to identify accurately a protected
        computer used to initiate the message because the person
        initiating the message knowingly uses another protected
        computer to relay or retransmit the message for purposes of
        disguising its origin.
      (2) Prohibition of deceptive subject headings
        It is unlawful for any person to initiate the transmission to a
      protected computer of a commercial electronic mail message if
      such person has actual knowledge, or knowledge fairly implied on
      the basis of objective circumstances, that a subject heading of
      the message would be likely to mislead a recipient, acting
      reasonably under the circumstances, about a material fact
      regarding the contents or subject matter of the message
      (consistent with the criteria used in enforcement of section 45
      of this title).
      (3) Inclusion of return address or comparable mechanism in
        commercial electronic mail
        (A) In general
          It is unlawful for any person to initiate the transmission to
        a protected computer of a commercial electronic mail message
        that does not contain a functioning return electronic mail
        address or other Internet-based mechanism, clearly and
        conspicuously displayed, that - 
            (i) a recipient may use to submit, in a manner specified in
          the message, a reply electronic mail message or other form of
          Internet-based communication requesting not to receive future
          commercial electronic mail messages from that sender at the
          electronic mail address where the message was received; and
            (ii) remains capable of receiving such messages or
          communications for no less than 30 days after the
          transmission of the original message.
        (B) More detailed options possible
          The person initiating a commercial electronic mail message
        may comply with subparagraph (A)(i) by providing the recipient
        a list or menu from which the recipient may choose the specific
        types of commercial electronic mail messages the recipient
        wants to receive or does not want to receive from the sender,
        if the list or menu includes an option under which the
        recipient may choose not to receive any commercial electronic
        mail messages from the sender.
        (C) Temporary inability to receive messages or process requests
          A return electronic mail address or other mechanism does not
        fail to satisfy the requirements of subparagraph (A) if it is
        unexpectedly and temporarily unable to receive messages or
        process requests due to a technical problem beyond the control
        of the sender if the problem is corrected within a reasonable
        time period.
      (4) Prohibition of transmission of commercial electronic mail
        after objection
        (A) In general
          If a recipient makes a request using a mechanism provided
        pursuant to paragraph (3) not to receive some or any commercial
        electronic mail messages from such sender, then it is unlawful -
         
            (i) for the sender to initiate the transmission to the
          recipient, more than 10 business days after the receipt of
          such request, of a commercial electronic mail message that
          falls within the scope of the request;
            (ii) for any person acting on behalf of the sender to
          initiate the transmission to the recipient, more than 10
          business days after the receipt of such request, of a
          commercial electronic mail message with actual knowledge, or
          knowledge fairly implied on the basis of objective
          circumstances, that such message falls within the scope of
          the request;
            (iii) for any person acting on behalf of the sender to
          assist in initiating the transmission to the recipient,
          through the provision or selection of addresses to which the
          message will be sent, of a commercial electronic mail message
          with actual knowledge, or knowledge fairly implied on the
          basis of objective circumstances, that such message would
          violate clause (i) or (ii); or
            (iv) for the sender, or any other person who knows that the
          recipient has made such a request, to sell, lease, exchange,
          or otherwise transfer or release the electronic mail address
          of the recipient (including through any transaction or other
          transfer involving mailing lists bearing the electronic mail
          address of the recipient) for any purpose other than
          compliance with this chapter or other provision of law.
        (B) Subsequent affirmative consent
          A prohibition in subparagraph (A) does not apply if there is
        affirmative consent by the recipient subsequent to the request
        under subparagraph (A).
      (5) Inclusion of identifier, opt-out, and physical address in
        commercial electronic mail
        (A) It is unlawful for any person to initiate the transmission
      of any commercial electronic mail message to a protected computer
      unless the message provides - 
          (i) clear and conspicuous identification that the message is
        an advertisement or solicitation;
          (ii) clear and conspicuous notice of the opportunity under
        paragraph (3) to decline to receive further commercial
        electronic mail messages from the sender; and
          (iii) a valid physical postal address of the sender.

        (B) Subparagraph (A)(i) does not apply to the transmission of a
      commercial electronic mail message if the recipient has given
      prior affirmative consent to receipt of the message.
      (6) Materially
        For purposes of paragraph (1), the term "materially", when used
      with respect to false or misleading header information, includes
      the alteration or concealment of header information in a manner
      that would impair the ability of an Internet access service
      processing the message on behalf of a recipient, a person
      alleging a violation of this section, or a law enforcement agency
      to identify, locate, or respond to a person who initiated the
      electronic mail message or to investigate the alleged violation,
      or the ability of a recipient of the message to respond to a
      person who initiated the electronic message.
    (b) Aggravated violations relating to commercial electronic mail
      (1) Address harvesting and dictionary attacks
        (A) In general
          It is unlawful for any person to initiate the transmission,
        to a protected computer, of a commercial electronic mail
        message that is unlawful under subsection (a), or to assist in
        the origination of such message through the provision or
        selection of addresses to which the message will be
        transmitted, if such person had actual knowledge, or knowledge
        fairly implied on the basis of objective circumstances, that - 
            (i) the electronic mail address of the recipient was
          obtained using an automated means from an Internet website or
          proprietary online service operated by another person, and
          such website or online service included, at the time the
          address was obtained, a notice stating that the operator of
          such website or online service will not give, sell, or
          otherwise transfer addresses maintained by such website or
          online service to any other party for the purposes of
          initiating, or enabling others to initiate, electronic mail
          messages; or
            (ii) the electronic mail address of the recipient was
          obtained using an automated means that generates possible
          electronic mail addresses by combining names, letters, or
          numbers into numerous permutations.
        (B) Disclaimer
          Nothing in this paragraph creates an ownership or proprietary
        interest in such electronic mail addresses.
      (2) Automated creation of multiple electronic mail accounts
        It is unlawful for any person to use scripts or other automated
      means to register for multiple electronic mail accounts or online
      user accounts from which to transmit to a protected computer, or
      enable another person to transmit to a protected computer, a
      commercial electronic mail message that is unlawful under
      subsection (a).
      (3) Relay or retransmission through unauthorized access
        It is unlawful for any person knowingly to relay or retransmit
      a commercial electronic mail message that is unlawful under
      subsection (a) from a protected computer or computer network that
      such person has accessed without authorization.
    (c) Supplementary rulemaking authority
      The Commission shall by regulation, pursuant to section 7711 of
    this title - 
        (1) modify the 10-business-day period under subsection
      (a)(4)(A) or subsection (a)(4)(B), or both, if the Commission
      determines that a different period would be more reasonable after
      taking into account - 
          (A) the purposes of subsection (a);
          (B) the interests of recipients of commercial electronic
        mail; and
          (C) the burdens imposed on senders of lawful commercial
        electronic mail; and

        (2) specify additional activities or practices to which
      subsection (b) applies if the Commission determines that those
      activities or practices are contributing substantially to the
      proliferation of commercial electronic mail messages that are
      unlawful under subsection (a).
    (d) Requirement to place warning labels on commercial electronic
      mail containing sexually oriented material
      (1) In general
        No person may initiate in or affecting interstate commerce the
      transmission, to a protected computer, of any commercial
      electronic mail message that includes sexually oriented material
      and - 
          (A) fail to include in subject heading for the electronic
        mail message the marks or notices prescribed by the Commission
        under this subsection; or
          (B) fail to provide that the matter in the message that is
        initially viewable to the recipient, when the message is opened
        by any recipient and absent any further actions by the
        recipient, includes only - 
            (i) to the extent required or authorized pursuant to
          paragraph (2), any such marks or notices;
            (ii) the information required to be included in the message
          pursuant to subsection (a)(5); and
            (iii) instructions on how to access, or a mechanism to
          access, the sexually oriented material.
      (2) Prior affirmative consent
        Paragraph (1) does not apply to the transmission of an
      electronic mail message if the recipient has given prior
      affirmative consent to receipt of the message.
      (3) Prescription of marks and notices
        Not later than 120 days after December 16, 2003, the Commission
      in consultation with the Attorney General shall prescribe clearly
      identifiable marks or notices to be included in or associated
      with commercial electronic mail that contains sexually oriented
      material, in order to inform the recipient of that fact and to
      facilitate filtering of such electronic mail. The Commission
      shall publish in the Federal Register and provide notice to the
      public of the marks or notices prescribed under this paragraph.
      (4) Definition
        In this subsection, the term "sexually oriented material" means
      any material that depicts sexually explicit conduct (as that term
      is defined in section 2256 of title 18), unless the depiction
      constitutes a small and insignificant part of the whole, the
      remainder of which is not primarily devoted to sexual matters.
      (5) Penalty
        Whoever knowingly violates paragraph (1) shall be fined under
      title 18, or imprisoned not more than 5 years, or both.

-SOURCE-
    (Pub. L. 108-187, Sec. 5, Dec. 16, 2003, 117 Stat. 2706.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (a)(4)(A)(iv), was in the
    original "this Act", meaning Pub. L. 108-187, Dec. 16, 2003, 117
    Stat. 2699, which is classified principally to this chapter. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 7701 of this title and Tables.

-End-

-CITE-
    15 USC Sec. 7705                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 103 - CONTROLLING THE ASSAULT OF NON-SOLICITED PORNOGRAPHY
                   AND MARKETING                 

-HEAD-
    Sec. 7705. Businesses knowingly promoted by electronic mail with
      false or misleading transmission information

-STATUTE-
    (a) In general
      It is unlawful for a person to promote, or allow the promotion
    of, that person's trade or business, or goods, products, property,
    or services sold, offered for sale, leased or offered for lease, or
    otherwise made available through that trade or business, in a
    commercial electronic mail message the transmission of which is in
    violation of section 7704(a)(1) of this title if that person - 
        (1) knows, or should have known in the ordinary course of that
      person's trade or business, that the goods, products, property,
      or services sold, offered for sale, leased or offered for lease,
      or otherwise made available through that trade or business were
      being promoted in such a message;
        (2) received or expected to receive an economic benefit from
      such promotion; and
        (3) took no reasonable action - 
          (A) to prevent the transmission; or
          (B) to detect the transmission and report it to the
        Commission.
    (b) Limited enforcement against third parties
      (1) In general
        Except as provided in paragraph (2), a person (hereinafter
      referred to as the "third party") that provides goods, products,
      property, or services to another person that violates subsection
      (a) shall not be held liable for such violation.
      (2) Exception
        Liability for a violation of subsection (a) shall be imputed to
      a third party that provides goods, products, property, or
      services to another person that violates subsection (a) if that
      third party - 
          (A) owns, or has a greater than 50 percent ownership or
        economic interest in, the trade or business of the person that
        violated subsection (a); or
          (B)(i) has actual knowledge that goods, products, property,
        or services are promoted in a commercial electronic mail
        message the transmission of which is in violation of section
        7704(a)(1) of this title; and
          (ii) receives, or expects to receive, an economic benefit
        from such promotion.
    (c) Exclusive enforcement by FTC
      Subsections (f) and (g) of section 7706 of this title do not
    apply to violations of this section.
    (d) Savings provision
      Except as provided in section 7706(f)(8) of this title, nothing
    in this section may be construed to limit or prevent any action
    that may be taken under this chapter with respect to any violation
    of any other section of this chapter.

-SOURCE-
    (Pub. L. 108-187, Sec. 6, Dec. 16, 2003, 117 Stat. 2710.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsec. (d), was in the original
    "this Act", meaning Pub. L. 108-187, Dec. 16, 2003, 117 Stat. 2699,
    which is classified principally to this chapter. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 7701 of this title and Tables.

-End-

-CITE-
    15 USC Sec. 7706                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 103 - CONTROLLING THE ASSAULT OF NON-SOLICITED PORNOGRAPHY
                   AND MARKETING                 

-HEAD-
    Sec. 7706. Enforcement generally

-STATUTE-
    (a) Violation is unfair or deceptive act or practice
      Except as provided in subsection (b), this chapter shall be
    enforced by the Commission as if the violation of this chapter were
    an unfair or deceptive act or practice proscribed under section
    18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C.
    57a(a)(1)(B)).
    (b) Enforcement by certain other agencies
      Compliance with this chapter shall be enforced - 
        (1) under section 8 of the Federal Deposit Insurance Act (12
      U.S.C. 1818), in the case of - 
          (A) national banks, and Federal branches and Federal agencies
        of foreign banks, by the Office of the Comptroller of the
        Currency;
          (B) member banks of the Federal Reserve System (other than
        national banks), branches and agencies of foreign banks (other
        than Federal branches, Federal agencies, and insured State
        branches of foreign banks), commercial lending companies owned
        or controlled by foreign banks, organizations operating under
        section 25 or 25A of the Federal Reserve Act (12 U.S.C. 601 and
        611), and bank holding companies, by the Board;
          (C) banks insured by the Federal Deposit Insurance
        Corporation (other than members of the Federal Reserve System)
        and insured State branches of foreign banks, by the Board of
        Directors of the Federal Deposit Insurance Corporation; and
          (D) savings associations the deposits of which are insured by
        the Federal Deposit Insurance Corporation, by the Director of
        the Office of Thrift Supervision;

        (2) under the Federal Credit Union Act (12 U.S.C. 1751 et seq.)
      by the Board of the National Credit Union Administration with
      respect to any Federally insured credit union;
        (3) under the Securities Exchange Act of 1934 (15 U.S.C. 78a et
      seq.) by the Securities and Exchange Commission with respect to
      any broker or dealer;
        (4) under the Investment Company Act of 1940 (15 U.S.C. 80a-1
      et seq.) by the Securities and Exchange Commission with respect
      to investment companies;
        (5) under the Investment Advisers Act of 1940 (15 U.S.C. 80b-1
      et seq.) by the Securities and Exchange Commission with respect
      to investment advisers registered under that Act;
        (6) under State insurance law in the case of any person engaged
      in providing insurance, by the applicable State insurance
      authority of the State in which the person is domiciled, subject
      to section 104 of the Gramm-Bliley-Leach Act (15 U.S.C. 6701),
      except that in any State in which the State insurance authority
      elects not to exercise this power, the enforcement authority
      pursuant to this chapter shall be exercised by the Commission in
      accordance with subsection (a);
        (7) under part A of subtitle VII of title 49 by the Secretary
      of Transportation with respect to any air carrier or foreign air
      carrier subject to that part;
        (8) under the Packers and Stockyards Act, 1921 (7 U.S.C. 181 et
      seq.) (except as provided in section 406 of that Act (7 U.S.C.
      226, 227)), by the Secretary of Agriculture with respect to any
      activities subject to that Act;
        (9) under the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.)
      by the Farm Credit Administration with respect to any Federal
      land bank, Federal land bank association, Federal intermediate
      credit bank, or production credit association; and
        (10) under the Communications Act of 1934 (47 U.S.C. 151 et
      seq.) by the Federal Communications Commission with respect to
      any person subject to the provisions of that Act.
    (c) Exercise of certain powers
      For the purpose of the exercise by any agency referred to in
    subsection (b) of its powers under any Act referred to in that
    subsection, a violation of this chapter is deemed to be a violation
    of a Federal Trade Commission trade regulation rule. In addition to
    its powers under any provision of law specifically referred to in
    subsection (b), each of the agencies referred to in that subsection
    may exercise, for the purpose of enforcing compliance with any
    requirement imposed under this chapter, any other authority
    conferred on it by law.
    (d) Actions by the Commission
      The Commission shall prevent any person from violating this
    chapter in the same manner, by the same means, and with the same
    jurisdiction, powers, and duties as though all applicable terms and
    provisions of the Federal Trade Commission Act (15 U.S.C. 41 et
    seq.) were incorporated into and made a part of this chapter. Any
    entity that violates any provision of that subtitle (!1) is subject
    to the penalties and entitled to the privileges and immunities
    provided in the Federal Trade Commission Act in the same manner, by
    the same means, and with the same jurisdiction, power, and duties
    as though all applicable terms and provisions of the Federal Trade
    Commission Act were incorporated into and made a part of that
    subtitle.(!1)

    (e) Availability of cease-and-desist orders and injunctive relief
      without showing of knowledge
      Notwithstanding any other provision of this chapter, in any
    proceeding or action pursuant to subsection (a), (b), (c), or (d)
    of this section to enforce compliance, through an order to cease
    and desist or an injunction, with section 7704(a)(1)(C) of this
    title, section 7704(a)(2) of this title, clause (ii), (iii), or
    (iv) of section 7704(a)(4)(A) of this title, section 7704(b)(1)(A)
    of this title, or section 7704(b)(3) of this title, neither the
    Commission nor the Federal Communications Commission shall be
    required to allege or prove the state of mind required by such
    section or subparagraph.
    (f) Enforcement by States
      (1) Civil action
        In any case in which the attorney general of a State, or an
      official or agency of a State, has reason to believe that an
      interest of the residents of that State has been or is threatened
      or adversely affected by any person who violates paragraph (1) or
      (2) of section 7704(a), who violates section 7704(d), or who
      engages in a pattern or practice that violates paragraph (3),
      (4), or (5) of section 7704(a), of this title, the attorney
      general, official, or agency of the State, as parens patriae, may
      bring a civil action on behalf of the residents of the State in a
      district court of the United States of appropriate jurisdiction -
      
          (A) to enjoin further violation of section 7704 of this title
        by the defendant; or
          (B) to obtain damages on behalf of residents of the State, in
        an amount equal to the greater of - 
            (i) the actual monetary loss suffered by such residents; or
            (ii) the amount determined under paragraph (3).
      (2) Availability of injunctive relief without showing of
        knowledge
        Notwithstanding any other provision of this chapter, in a civil
      action under paragraph (1)(A) of this subsection, the attorney
      general, official, or agency of the State shall not be required
      to allege or prove the state of mind required by section
      7704(a)(1)(C) of this title, section 7704(a)(2) of this title,
      clause (ii), (iii), or (iv) of section 7704(a)(4)(A) of this
      title, section 7704(b)(1)(A) of this title, or section 7704(b)(3)
      of this title.
      (3) Statutory damages
        (A) In general
          For purposes of paragraph (1)(B)(ii), the amount determined
        under this paragraph is the amount calculated by multiplying
        the number of violations (with each separately addressed
        unlawful message received by or addressed to such residents
        treated as a separate violation) by up to $250.
        (B) Limitation
          For any violation of section 7704 of this title (other than
        section 7704(a)(1) of this title), the amount determined under
        subparagraph (A) may not exceed $2,000,000.
        (C) Aggravated damages
          The court may increase a damage award to an amount equal to
        not more than three times the amount otherwise available under
        this paragraph if - 
            (i) the court determines that the defendant committed the
          violation willfully and knowingly; or
            (ii) the defendant's unlawful activity included one or more
          of the aggravating violations set forth in section 7704(b) of
          this title.
        (D) Reduction of damages
          In assessing damages under subparagraph (A), the court may
        consider whether - 
            (i) the defendant has established and implemented, with due
          care, commercially reasonable practices and procedures
          designed to effectively prevent such violations; or
            (ii) the violation occurred despite commercially reasonable
          efforts to maintain compliance the practices and procedures
          to which reference is made in clause (i).
      (4) Attorney fees
        In the case of any successful action under paragraph (1), the
      court, in its discretion, may award the costs of the action and
      reasonable attorney fees to the State.
      (5) Rights of Federal regulators
        The State shall serve prior written notice of any action under
      paragraph (1) upon the Federal Trade Commission or the
      appropriate Federal regulator determined under subsection (b) and
      provide the Commission or appropriate Federal regulator with a
      copy of its complaint, except in any case in which such prior
      notice is not feasible, in which case the State shall serve such
      notice immediately upon instituting such action. The Federal
      Trade Commission or appropriate Federal regulator shall have the
      right - 
          (A) to intervene in the action;
          (B) upon so intervening, to be heard on all matters arising
        therein;
          (C) to remove the action to the appropriate United States
        district court; and
          (D) to file petitions for appeal.
      (6) Construction
        For purposes of bringing any civil action under paragraph (1),
      nothing in this chapter shall be construed to prevent an attorney
      general of a State from exercising the powers conferred on the
      attorney general by the laws of that State to - 
          (A) conduct investigations;
          (B) administer oaths or affirmations; or
          (C) compel the attendance of witnesses or the production of
        documentary and other evidence.
      (7) Venue; service of process
        (A) Venue
          Any action brought under paragraph (1) may be brought in the
        district court of the United States that meets applicable
        requirements relating to venue under section 1391 of title 28.
        (B) Service of process
          In an action brought under paragraph (1), process may be
        served in any district in which the defendant - 
            (i) is an inhabitant; or
            (ii) maintains a physical place of business.
      (8) Limitation on State action while Federal action is pending
        If the Commission, or other appropriate Federal agency under
      subsection (b), has instituted a civil action or an
      administrative action for violation of this chapter, no State
      attorney general, or official or agency of a State, may bring an
      action under this subsection during the pendency of that action
      against any defendant named in the complaint of the Commission or
      the other agency for any violation of this chapter alleged in the
      complaint.
      (9) Requisite scienter for certain civil actions
        Except as provided in section 7704(a)(1)(C) of this title,
      section 7704(a)(2) of this title, clause (ii), (iii), or (iv) of
      section 7704(a)(4)(A) of this title, section 7704(b)(1)(A) of
      this title, or section 7704(b)(3) of this title, in a civil
      action brought by a State attorney general, or an official or
      agency of a State, to recover monetary damages for a violation of
      this chapter, the court shall not grant the relief sought unless
      the attorney general, official, or agency establishes that the
      defendant acted with actual knowledge, or knowledge fairly
      implied on the basis of objective circumstances, of the act or
      omission that constitutes the violation.
    (g) Action by provider of Internet access service
      (1) Action authorized
        A provider of Internet access service adversely affected by a
      violation of section 7704(a)(1), (b), or (d) of this title, or a
      pattern or practice that violates paragraph (2), (3), (4), or (5)
      of section 7704(a) of this title, may bring a civil action in any
      district court of the United States with jurisdiction over the
      defendant - 
          (A) to enjoin further violation by the defendant; or
          (B) to recover damages in an amount equal to the greater of -
        
            (i) actual monetary loss incurred by the provider of
          Internet access service as a result of such violation; or
            (ii) the amount determined under paragraph (3).
      (2) Special definition of "procure"
        In any action brought under paragraph (1), this chapter shall
      be applied as if the definition of the term "procure" in section
      7702(12) of this title contained, after "behalf" the words "with
      actual knowledge, or by consciously avoiding knowing, whether
      such person is engaging, or will engage, in a pattern or practice
      that violates this chapter".
      (3) Statutory damages
        (A) In general
          For purposes of paragraph (1)(B)(ii), the amount determined
        under this paragraph is the amount calculated by multiplying
        the number of violations (with each separately addressed
        unlawful message that is transmitted or attempted to be
        transmitted over the facilities of the provider of Internet
        access service, or that is transmitted or attempted to be
        transmitted to an electronic mail address obtained from the
        provider of Internet access service in violation of section
        7704(b)(1)(A)(i) of this title, treated as a separate
        violation) by - 
            (i) up to $100, in the case of a violation of section
          7704(a)(1) of this title; or
            (ii) up to $25, in the case of any other violation of
          section 7704 of this title.
        (B) Limitation
          For any violation of section 7704 of this title (other than
        section 7704(a)(1) of this title), the amount determined under
        subparagraph (A) may not exceed $1,000,000.
        (C) Aggravated damages
          The court may increase a damage award to an amount equal to
        not more than three times the amount otherwise available under
        this paragraph if - 
            (i) the court determines that the defendant committed the
          violation willfully and knowingly; or
            (ii) the defendant's unlawful activity included one or more
          of the aggravated violations set forth in section 7704(b) of
          this title.
        (D) Reduction of damages
          In assessing damages under subparagraph (A), the court may
        consider whether - 
            (i) the defendant has established and implemented, with due
          care, commercially reasonable practices and procedures
          designed to effectively prevent such violations; or
            (ii) the violation occurred despite commercially reasonable
          efforts to maintain compliance with the practices and
          procedures to which reference is made in clause (i).
      (4) Attorney fees
        In any action brought pursuant to paragraph (1), the court may,
      in its discretion, require an undertaking for the payment of the
      costs of such action, and assess reasonable costs, including
      reasonable attorneys' fees, against any party.

-SOURCE-
    (Pub. L. 108-187, Sec. 7, Dec. 16, 2003, 117 Stat. 2711.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in text, was in the original "this
    Act", meaning Pub. L. 108-187, Dec. 16, 2003, 117 Stat. 2699, which
    is classified principally to this chapter. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 7701 of this title and Tables.
      Sections 25 and 25A of the Federal Reserve Act, referred to in
    subsec. (b)(1)(B), are classified to subchapters I (Sec. 601 et
    seq.) and II (Sec. 611 et seq.), respectively, of chapter 6 of
    Title 12, Banks and Banking.
      The Federal Credit Union Act, referred to in subsec. (b)(2), is
    act June 26, 1934, ch. 750, 48 Stat. 1216, as amended, which is
    classified generally to chapter 14 (Sec. 1751 et seq.) of Title 12,
    Banks and Banking. For complete classification of this Act to the
    Code, see section 1751 of Title 12 and Tables.
      The Securities Exchange Act of 1934, referred to in subsec.
    (b)(3), is act June 6, 1934, ch. 404, 48 Stat. 881, as amended,
    which is classified principally to chapter 2B (Sec. 78a et seq.) of
    this title. For complete classification of this Act to the Code,
    see section 78a of this title and Tables.
      The Investment Company Act of 1940, referred to in subsec.
    (b)(4), is title I of act Aug. 22, 1940, ch. 686, 54 Stat. 789, as
    amended, which is classified generally to subchapter I (Sec. 80a-1
    et seq.) of chapter 2D of this title. For complete classification
    of this Act to the Code, see section 80a-51 of this title and
    Tables.
      The Investment Advisers Act of 1940, referred to in subsec.
    (b)(5), is title II of act Aug. 22, 1940, ch. 686, 54 Stat. 847, as
    amended, which is classified generally to subchapter II (Sec. 80b-1
    et seq.) of chapter 2D of this title. For complete classification
    of this Act to the Code, see section 80b-20 of this title and
    Tables.
      The Packers and Stockyards Act, 1921, referred to in subsec.
    (b)(8), is act Aug. 15, 1921, ch. 64, 42 Stat. 159, as amended,
    which is classified generally to chapter 9 (Sec. 181 et seq.) of
    Title 7, Agriculture. For complete classification of this Act to
    the Code, see section 181 of Title 7 and Tables.
      The Farm Credit Act of 1971, referred to in subsec. (b)(9), is
    Pub. L. 92-181, Dec. 10, 1971, 85 Stat. 583, as amended, which is
    classified principally to chapter 23 (Sec. 2001 et seq.) of Title
    12, Banks and Banking. For complete classification of this Act to
    the Code, see Short Title note set out under section 2001 of Title
    12 and Tables.
      The Communications Act of 1934, referred to in subsec. (b)(10),
    is act June 19, 1934, ch. 652, 48 Stat. 1064, as amended, which is
    classified principally to chapter 5 (Sec. 151 et seq.) of Title 47,
    Telegraphs, Telephones, and Radiotelegraphs. For complete
    classification of this Act to the Code, see section 609 of Title 47
    and Tables.
      The Federal Trade Commission Act, referred to in subsec. (d), is
    act Sept. 26, 1914, ch. 311, 38 Stat. 717, as amended, which is
    classified generally to subchapter I (Sec. 41 et seq.) of chapter 2
    of this title. For complete classification of this Act to the Code,
    see section 58 of this title and Tables.

-FOOTNOTE-
    (!1) So in original.

-End-

-CITE-
    15 USC Sec. 7707                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 103 - CONTROLLING THE ASSAULT OF NON-SOLICITED PORNOGRAPHY
                   AND MARKETING                 

-HEAD-
    Sec. 7707. Effect on other laws

-STATUTE-
    (a) Federal law
      (1) Nothing in this chapter shall be construed to impair the
    enforcement of section 223 or 231 of title 47, chapter 71 (relating
    to obscenity) or 110 (relating to sexual exploitation of children)
    of title 18, or any other Federal criminal statute.
      (2) Nothing in this chapter shall be construed to affect in any
    way the Commission's authority to bring enforcement actions under
    FTC Act for materially false or deceptive representations or unfair
    practices in commercial electronic mail messages.
    (b) State law
      (1) In general
        This chapter supersedes any statute, regulation, or rule of a
      State or political subdivision of a State that expressly
      regulates the use of electronic mail to send commercial messages,
      except to the extent that any such statute, regulation, or rule
      prohibits falsity or deception in any portion of a commercial
      electronic mail message or information attached thereto.
      (2) State law not specific to electronic mail
        This chapter shall not be construed to preempt the
      applicability of - 
          (A) State laws that are not specific to electronic mail,
        including State trespass, contract, or tort law; or
          (B) other State laws to the extent that those laws relate to
        acts of fraud or computer crime.
    (c) No effect on policies of providers of Internet access service
      Nothing in this chapter shall be construed to have any effect on
    the lawfulness or unlawfulness, under any other provision of law,
    of the adoption, implementation, or enforcement by a provider of
    Internet access service of a policy of declining to transmit,
    route, relay, handle, or store certain types of electronic mail
    messages.

-SOURCE-
    (Pub. L. 108-187, Sec. 8, Dec. 16, 2003, 117 Stat. 2716.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in text, was in the original "this
    Act", meaning Pub. L. 108-187, Dec. 16, 2003, 117 Stat. 2699, which
    is classified principally to this chapter. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 7701 of this title and Tables.

-End-

-CITE-
    15 USC Sec. 7708                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 103 - CONTROLLING THE ASSAULT OF NON-SOLICITED PORNOGRAPHY
                   AND MARKETING                 

-HEAD-
    Sec. 7708. Do-Not-E-Mail registry

-STATUTE-
    (a) In general
      Not later than 6 months after December 16, 2003, the Commission
    shall transmit to the Senate Committee on Commerce, Science, and
    Transportation and the House of Representatives Committee on Energy
    and Commerce a report that - 
        (1) sets forth a plan and timetable for establishing a
      nationwide marketing Do-Not-E-Mail registry;
        (2) includes an explanation of any practical, technical,
      security, privacy, enforceability, or other concerns that the
      Commission has regarding such a registry; and
        (3) includes an explanation of how the registry would be
      applied with respect to children with e-mail accounts.
    (b) Authorization to implement
      The Commission may establish and implement the plan, but not
    earlier than 9 months after December 16, 2003.

-SOURCE-
    (Pub. L. 108-187, Sec. 9, Dec. 16, 2003, 117 Stat. 2716.)

-End-

-CITE-
    15 USC Sec. 7709                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 103 - CONTROLLING THE ASSAULT OF NON-SOLICITED PORNOGRAPHY
                   AND MARKETING                 

-HEAD-
    Sec. 7709. Study of effects of commercial electronic mail

-STATUTE-
    (a) In general
      Not later than 24 months after December 16, 2003, the Commission,
    in consultation with the Department of Justice and other
    appropriate agencies, shall submit a report to the Congress that
    provides a detailed analysis of the effectiveness and enforcement
    of the provisions of this chapter and the need (if any) for the
    Congress to modify such provisions.
    (b) Required analysis
      The Commission shall include in the report required by subsection
    (a) - 
        (1) an analysis of the extent to which technological and
      marketplace developments, including changes in the nature of the
      devices through which consumers access their electronic mail
      messages, may affect the practicality and effectiveness of the
      provisions of this chapter;
        (2) analysis and recommendations concerning how to address
      commercial electronic mail that originates in or is transmitted
      through or to facilities or computers in other nations, including
      initiatives or policy positions that the Federal Government could
      pursue through international negotiations, fora, organizations,
      or institutions; and
        (3) analysis and recommendations concerning options for
      protecting consumers, including children, from the receipt and
      viewing of commercial electronic mail that is obscene or
      pornographic.

-SOURCE-
    (Pub. L. 108-187, Sec. 10, Dec. 16, 2003, 117 Stat. 2716.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsecs. (a) and (b)(1), was in the
    original "this Act", meaning Pub. L. 108-187, Dec. 16, 2003, 117
    Stat. 2699, which is classified principally to this chapter. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 7701 of this title and Tables.

-End-

-CITE-
    15 USC Sec. 7710                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 103 - CONTROLLING THE ASSAULT OF NON-SOLICITED PORNOGRAPHY
                   AND MARKETING                 

-HEAD-
    Sec. 7710. Improving enforcement by providing rewards for
      information about violations; labeling

-STATUTE-
      The Commission shall transmit to the Senate Committee on
    Commerce, Science, and Transportation and the House of
    Representatives Committee on Energy and Commerce - 
        (1) a report, within 9 months after December 16, 2003, that
      sets forth a system for rewarding those who supply information
      about violations of this chapter, including - 
          (A) procedures for the Commission to grant a reward of not
        less than 20 percent of the total civil penalty collected for a
        violation of this chapter to the first person that - 
            (i) identifies the person in violation of this chapter; and
            (ii) supplies information that leads to the successful
          collection of a civil penalty by the Commission; and

          (B) procedures to minimize the burden of submitting a
        complaint to the Commission concerning violations of this
        chapter, including procedures to allow the electronic
        submission of complaints to the Commission; and

        (2) a report, within 18 months after December 16, 2003, that
      sets forth a plan for requiring commercial electronic mail to be
      identifiable from its subject line, by means of compliance with
      Internet Engineering Task Force Standards, the use of the
      characters "ADV" in the subject line, or other comparable
      identifier, or an explanation of any concerns the Commission has
      that cause the Commission to recommend against the plan.

-SOURCE-
    (Pub. L. 108-187, Sec. 11, Dec. 16, 2003, 117 Stat. 2717.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in par. (1), was in the original "this
    Act", meaning Pub. L. 108-187, Dec. 16, 2003, 117 Stat. 2699, which
    is classified principally to this chapter. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 7701 of this title and Tables.

-End-

-CITE-
    15 USC Sec. 7711                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 103 - CONTROLLING THE ASSAULT OF NON-SOLICITED PORNOGRAPHY
                   AND MARKETING                 

-HEAD-
    Sec. 7711. Regulations

-STATUTE-
    (a) In general
      The Commission may issue regulations to implement the provisions
    of this Act (not including the amendments made by sections 4 and
    12). Any such regulations shall be issued in accordance with
    section 553 of title 5.
    (b) Limitation
      Subsection (a) may not be construed to authorize the Commission
    to establish a requirement pursuant to section 7704(a)(5)(A) of
    this title to include any specific words, characters, marks, or
    labels in a commercial electronic mail message, or to include the
    identification required by section 7704(a)(5)(A) of this title in
    any particular part of such a mail message (such as the subject
    line or body).

-SOURCE-
    (Pub. L. 108-187, Sec. 13, Dec. 16, 2003, 117 Stat. 2717.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act (not including the amendments made by sections 4 and
    12), referred to in subsec. (a), is Pub. L. 108-187, Dec. 16, 2003,
    117 Stat. 2699, which is classified principally to this chapter.
    Section 4 enacted section 7703 of this title, section 1037 of Title
    18, Crimes and Criminal Procedure, and provisions listed in a table
    relating to sentencing guidelines set out as a note under section
    994 of Title 28, Judiciary and Judicial Procedure. Section 12
    amended section 227 of Title 47, Telegraphs, Telephones, and
    Radiotelegraphs. For complete classification of this Act to the
    Code, see Short Title note set out under section 7701 of this title
    and Tables.

-End-

-CITE-
    15 USC Sec. 7712                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 103 - CONTROLLING THE ASSAULT OF NON-SOLICITED PORNOGRAPHY
                   AND MARKETING                 

-HEAD-
    Sec. 7712. Application to wireless

-STATUTE-
    (a) Effect on other law
      Nothing in this chapter shall be interpreted to preclude or
    override the applicability of section 227 of title 47 or the rules
    prescribed under section 6102 of this title.
    (b) FCC rulemaking
      The Federal Communications Commission, in consultation with the
    Federal Trade Commission, shall promulgate rules within 270 days to
    protect consumers from unwanted mobile service commercial messages.
    The Federal Communications Commission, in promulgating the rules,
    shall, to the extent consistent with subsection (c) - 
        (1) provide subscribers to commercial mobile services the
      ability to avoid receiving mobile service commercial messages
      unless the subscriber has provided express prior authorization to
      the sender, except as provided in paragraph (3);
        (2) allow recipients of mobile service commercial messages to
      indicate electronically a desire not to receive future mobile
      service commercial messages from the sender;
        (3) take into consideration, in determining whether to subject
      providers of commercial mobile services to paragraph (1), the
      relationship that exists between providers of such services and
      their subscribers, but if the Commission determines that such
      providers should not be subject to paragraph (1), the rules shall
      require such providers, in addition to complying with the other
      provisions of this chapter, to allow subscribers to indicate a
      desire not to receive future mobile service commercial messages
      from the provider - 
          (A) at the time of subscribing to such service; and
          (B) in any billing mechanism; and

        (4) determine how a sender of mobile service commercial
      messages may comply with the provisions of this chapter,
      considering the unique technical aspects, including the
      functional and character limitations, of devices that receive
      such messages.
    (c) Other factors considered
      The Federal Communications Commission shall consider the ability
    of a sender of a commercial electronic mail message to reasonably
    determine that the message is a mobile service commercial message.
    (d) Mobile service commercial message defined
      In this section, the term "mobile service commercial message"
    means a commercial electronic mail message that is transmitted
    directly to a wireless device that is utilized by a subscriber of
    commercial mobile service (as such term is defined in section
    332(d) of title 47) in connection with such service.

-SOURCE-
    (Pub. L. 108-187, Sec. 14, Dec. 16, 2003, 117 Stat. 2718.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in subsecs. (a) and (b)(3), (4), was in
    the original "this Act", meaning Pub. L. 108-187, Dec. 16, 2003,
    117 Stat. 2699, which is classified principally to this chapter.
    For complete classification of this Act to the Code, see Short
    Title note set out under section 7701 of this title and Tables.

-End-

-CITE-
    15 USC Sec. 7713                                            01/03/2007

-EXPCITE-
    TITLE 15 - COMMERCE AND TRADE
    CHAPTER 103 - CONTROLLING THE ASSAULT OF NON-SOLICITED PORNOGRAPHY
                   AND MARKETING                 

-HEAD-
    Sec. 7713. Separability

-STATUTE-
      If any provision of this chapter or the application thereof to
    any person or circumstance is held invalid, the remainder of this
    chapter and the application of such provision to other persons or
    circumstances shall not be affected.

-SOURCE-
    (Pub. L. 108-187, Sec. 15, Dec. 16, 2003, 117 Stat. 2718.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This chapter, referred to in text, was in the original "this
    Act", meaning Pub. L. 108-187, Dec. 16, 2003, 117 Stat. 2699, which
    is classified principally to this chapter. For complete
    classification of this Act to the Code, see Short Title note set
    out under section 7701 of this title and Tables.

-End-