To prohibit the unsolicited e-mail known as "spam".

Summary: Anti-Spamming Act of 2001 - Amends the Federal criminal code to make it unlawful for anyone to intentionally: (1) and without authorization initiate the transmission of a bulk unsolicited electronic mail (e-mail) message to a protected computer with knowledge that such message falsifies an Internet domain or other identifier; or (2) sell or distribute any computer program that is designed to conceal the source or routing information of such e-mail, has only limited commercial use otherwise, or is marketed for use in concealing such information. Provides civil penalties. Allows attorneys' fees and other litigation costs as part of civil relief from such violations.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Anti-Spamming Act of 2001''.

SEC. 2. PROTECTION FROM FRAUDULENT UNSOLICITED
              E-MAIL.

    Section 1030 of title 18, United States Code, is amended--
            (1) in subsection (a)(5)--
                    (A) by striking ``or'' at the end of subparagraph 
                (B); and
                    (B) by inserting after subparagraph (C) the 
                following:
            ``(D) intentionally and without authorization initiates the 
        transmission of a bulk unsolicited electronic mail message to a 
        protected computer with knowledge that such message falsifies 
        an Internet domain, header information, date or time stamp, 
        originating e-mail address, or other identifier; or
            ``(E) intentionally sells or distributes any computer 
        program that--
                    ``(i) is designed or produced primarily for the 
                purpose of concealing the source or routing information 
                of bulk unsolicited electronic mail messages in a 
                manner prohibited by subparagraph (D) of this 
                paragraph;
                    ``(ii) has only limited commercially significant 
                purpose or use other than to conceal such source or 
                routing information; or
                    ``(iii) is marketed by the violator or another 
                person acting in concert with the violator and with the 
                violator's knowledge for use in concealing the source 
                or routing information of such messages'';
            (2) in subsection (c)(2)(A)--
                    (A) by inserting ``(i)'' after ``in the case of an 
                offense''; and
                    (B) by inserting after ``an offense punishable 
                under this subparagraph;'' the following: ``or (ii) 
                under subsection (a)(5)(D) or (a)(5)(E) of this section 
                which results in damage to a protected computer'';
            (3) in subsection (c)(2)--
                    (A) by adding at the end the following:
            ``(D) in the case of a violation of subsection (a)(5) (D) 
        or (E), actual monetary loss and statutory damages of $15,000 
        per violation or an amount of up to $10 per message per 
        violation whichever is greater; and''; and
                    (B) by striking ``and'' at the end of subparagraph 
                (A);
            (4) in subsection (e)--
                    (A) by striking ``and'' at the end of paragraph 
                (8);
                    (B) by striking the period at the end of paragraph 
                (9); and
                    (C) by adding at the end the following:
            ``(10) the term `initiates the transmission' means, in the 
        case of an electronic mail message, to originate the electronic 
        mail message, and excludes the actions of any interactive 
        computer service whose facilities or services are used by 
        another person to transmit, relay, or otherwise handle such 
        message;
            ``(11) the term `Internet domain' means a specific computer 
        system (commonly referred to as a `host') or collection of 
        computer systems attached to or able to be referenced from the 
        Internet which are assigned a specific reference point on the 
        Internet (commonly referred to as an `Internet domain name') 
        and registered with an organization recognized by the Internet 
        industry as a registrant of Internet domains;
            ``(12) the term `unsolicited electronic mail message' means 
        any substantially identical electronic mail message other than 
        electronic mail initiated by any person to others with whom 
        such person has a prior relationship, including prior business 
        relationship, or electronic mail sent by a source to recipients 
        where such recipients, or their designees, have at any time 
        affirmatively requested to receive communications from that 
        source; and
            ``(13) the term `Internet' means all computer and 
        telecommunications facilities, including equipment and 
        operating software, which comprise the interconnected network 
        of networks that employ the Transmission Control Protocol/
        Internet Protocol, or any predecessor or successor protocols to 
        such protocol, to communicate information of all kinds by wire 
        or radio.''; and
            (5) in subsection (g), by inserting ``and reasonable 
        attorneys' fees and other litigation costs reasonably incurred 
        in connection with the civil action'' after ``injunctive relief 
        or other equitable relief''.
                                 






107th CONGRESS
  1st Session
                                H. R.    




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                    IN THE HOUSE OF REPRESENTATIVES



   Mr.     introduced the following bill; which was referred to the 
                            Committee on    

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                                 A BILL




    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,