Internet Freedom Act

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Internet Freedom Act''.

               TITLE I--ANTITRUST AND CRIMINAL PROVISIONS

SEC. 101. PROHIBITION ON ANTICOMPETITIVE BEHAVIOR BY INCUMBENT LOCAL 
              EXCHANGE CARRIERS.

    In any civil action based on a claim arising under section 1, 2, or 
3 of the Sherman Act (15 U.S.C. 1, 2, 3), evidence that an incumbent 
local exchange carrier that has market power in the broadband service 
provider market has willfully and knowingly failed to provide 
conditioned unbundled local loops when economically reasonable and 
technically feasible under section 715(a) of the Communications Act of 
1934, or restrains unreasonably the ability of a carrier to compete in 
its provision of broadband services over a local loop, shall be 
sufficient to establish a presumption of a violation of such section 1, 
2, or 3 of the Sherman Act.

SEC. 102. PROHIBITION ON ANTICOMPETITIVE CONTRACTS BY BROADBAND ACCESS 
              TRANSPORT PROVIDERS.

    In any civil action based on a claim arising under section 1, 2, or 
3 of the Sherman Act (15 U.S.C. 1, 2, 3), evidence that a broadband 
access transport provider that has market power in the broadband 
service provider market has offered access to a service provider on 
terms and conditions, other than terms justified by demonstrable cost 
differentials, that are less favorable than those offered by such 
operator to itself, to an affiliated service provider, or to another 
service provider, or restrains unreasonably the ability of a service 
provider from competing in its provision of broadband services, shall 
be sufficient to establish a presumption of a violation of such 
section.

SEC. 103. PROHIBITION ON ANTICOMPETITIVE OR DISCRIMINATORY BEHAVIOR BY 
              BROADBAND ACCESS TRANSPORT PROVIDERS.

    It shall be unlawful for a broadband access transport provider to 
engage in unfair methods of competition or unfair or deceptive acts or 
practices, the purpose or effect of which is to discriminate in favor 
of a service provider that is affiliated with a broadband access 
transport provider or to restrain unreasonably the ability of a service 
provider that is not affiliated with a broadband access transport 
provider from competing in its provision of any of the services 
provided by a service provider as set forth in section 105(3).

SEC. 104. 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 new subparagraphs:
            ``(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), by adding at the end the 
        following new subparagraph:
            ``(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'';
            (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 new 
                paragraphs:
            ``(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.''.
            (5) in subsection (g), by inserting ``and reasonable 
        attorneys' fees and other litigation costs reasonably incurred 
        in connection with civil action'' after ``injunctive relief or 
        other equitable relief''.

SEC. 105. DEFINITIONS.

    For purposes of this title:
            (1) Broadband.--The term ``broadband'' refers to a 
        transmission capability in excess of 200 kilobits per second in 
        at least one direction.
            (2) Broadband access transport provider.--The term 
        ``broadband access transport provider'' means one who engages 
        in the broadband transmission of data between a user and his 
        service provider's point of interconnection with the broadband 
        access transport provider's facilities. Such term shall also 
        include a service provider who provides to itself, over 
        facilities owned by it or under its control, the broadband 
        transport of services between itself and its users.
            (3) Service provider.--The term ``service provider'' means 
        a person who provides a service that enables users to access 
        content, information, electronic mail, or other services. The 
        term may also include access to proprietary content, 
        information, and other services as part of a package of 
        services offered to consumers.
            (4) Internet.--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.
            (5) Broadband service provider market.--The term 
        ``broadband service provider market'' includes the provision of 
        broadband services over a single broadband access transport 
        provider's facilities.

                    TITLE II--ADDITIONAL PROVISIONS

SEC. 201. ACCELERATED DEPLOYMENT OF BROADBAND SERVICES.

    Title VII of the Communications Act of 1934 is amended by adding at 
the end thereof the following new section:

``SEC. 715. ACCELERATED DEPLOYMENT OF BROADBAND SERVICES.

    ``(a) Broadband Services Plans.--
            ``(1) Plan required.--Within 180 days after the effective 
        date of this section, each local exchange carrier shall submit 
        to the State commission in each State in which such carrier 
        does business a plan to provide broadband telecommunications 
        service in all local exchange areas in which such carrier has 
        telephone exchange service customers as soon as such broadband 
        telecommunications service is economically reasonably and 
        technically feasible. The plan shall include all terms and 
        conditions, including pricing, under which the services shall 
        be provided. The test of economic reasonability and technical 
        feasibility shall be made separately by the local exchange 
        carrier for each local exchange, and the plan shall be 
        considered certified 45 days after submission unless the State 
        commission rejects the plan within such 45 days. Upon rejection 
        of a plan, successive plans shall be submitted until approval 
        is obtained. The plan shall be implemented within 180 days of 
        the certification of the plan in each local exchange in which 
        the provision of the service is both economically reasonable 
        and technically feasible. Upon certification of its plan, the 
        carrier shall be obligated by terms of the plan (including any 
        modifications that it requests that are thereafter certified) 
        but shall otherwise provide such services free of Federal and 
        State price, rate, rate of return, and profit regulation. Upon 
        a determination by the State commission that a local exchange 
        is served by another provider of broadband telecommunications 
        services, or any broadband Internet access transport provider, 
        or upon a determination by such State commission that the local 
        exchange carrier makes broadband telecommunications services 
        available to 70 percent of the access lines in an exchange, a 
        local exchange carrier shall no longer be obligated by the 
        terms of any such plan in such local exchange.
            ``(2) State modifications prohibited.--Except upon request 
        of the carrier, the State commission shall have no authority to 
        modify any plan submitted pursuant to paragraph (1).
            ``(3) No commission authority.--The Commission shall have 
        no authority with respect to the terms of any plan and shall 
        have no authority with respect to the approval or rejection of 
        any such plan.
    ``(b) Supersession of Other Requirements.--An incumbent local 
exchange carrier's provision of broadband local telecommunications 
services shall not be subject to the requirements of sections 251(c)(3) 
and 251(c)(4) of the Act in any State in which that carrier certifies 
to the State commission that--
            ``(1) in central offices in which it provides local loops 
        that are conditioned for broadband services, it provides such 
        loops to other carriers at least as quickly as it provides them 
        for its own customers;
            ``(2) in central offices in which it does not currently 
        provide local loops that are conditioned for broadband 
        services, but in which such service is economically reasonable 
        and technically feasible, it will provide such loops within 120 
        days of a request for such conditioning from another carrier; 
        and
            ``(3) conditioned loops are provided upon such prices and 
        other terms and conditions as the parties shall agree, or in 
        any event of disagreements, as are determined through 
        commercial arbitration, in which the commercial arbitrator 
        shall establish the price based upon the cost of the loops and 
        the costs for such conditioning that have been incurred by the 
        local exchange carrier plus a reasonable profit.''.

 SEC. 202. ACCELERATED DEPLOYMENT OF INTERNET BACKBONE.

    (a) InterLATA Internet Services.--Paragraph (21) of section 3 of 
the Communications Act of 1934 (47 U.S.C. 153(21)), relating to the 
definition of interLATA service, is amended by inserting before the 
period the following: ``, except that such term shall not include 
services that consist of or include the transmission of any data or 
information, including any writing, signs, signals, pictures, or sounds 
related to the transmission of such data or information, by means of 
the Internet or any other network that employs Internet Protocol-based 
or other packet-switched technology''.
    (b) Voice InterLATA Internet Services.--Neither a Bell operating 
company, nor any affiliate of a Bell operating company, may provide, by 
means of the Internet or any other network that employs Internet 
Protocol-based or other packet-switched technology, two-way voice-only 
interLATA telecommunications services originating in any of its in-
region States until such time as the Federal Communications Commission 
approves the application of such company for such State pursuant to 
section 271(d) of the Communications Act of 1934. The terms in this 
subsection shall have the same respective meanings given such terms in 
sections 3 and 271 of such Act.

Summary: TABLE OF CONTENTS: Title I: Antitrust and Criminal Provisions Title II: Additional Provisions Internet Freedom Act - Title I: Antitrust and Criminal Provisions - Provides that in any civil action based on antitrust violations, evidence that an incumbent local exchange carrier that has market power in the broadband service provider market area has willfully and knowingly failed to provide conditioned unbundled local loops when economically reasonable and technically feasible, or restrains the ability of another carrier to compete in the provision of such services, shall establish a presumption of an antitrust violation. Establishes an identical presumption in the case of a broadband access transport provider that has market power in the broadband service provider market who has offered access to a service provider on terms and conditions less favorable than those otherwise offered, or restrains unreasonably the ability of another provider from competing in the provision of such services. Defines: (1) broadband as a transmission capability in excess of 200 kilobits per second in at least one direction. And (2) a broadband access transport provider as one who engages in the broadband transmission of data between a user and his service provider's point of interconnection with the broadband access transport provider's facilities. Makes it unlawful for a broadband access transport provider to engage in unfair methods of competition or unfair or deceptive acts or practices in the provision of such services. Amends the Federal criminal code to provide criminal penalties against anyone who intentionally: (1) 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, or other identifier. Or (2) sells or distributes any computer program designed primarily to conceal the source or routing information on such mail, has only limited commercially significant purpose or use, or is marketed by the violator or another person acting in concert with the violator with the violator's knowledge of such use. Title II: Additional Provisions - Amends the Communications Act of 1934 to require each local exchange carrier to submit to the State communications commission in each State in which such carrier does business a plan to provide broadband telecommunications service in all local exchange areas in which such carrier has telephone exchange service customers, as soon as such service is economically reasonable and technically feasible. Considers such plan certified unless rejected within 45 days. Requires plan implementation within 180 days . Prohibits State or Federal Communications Commission (FCC) modification of such plans. Provides that interLATA services shall not include services that consist of or include the transmission of any data or information by means of the Internet or any other network that employs Internet Protocol-based or other packet-switched technology. Prohibits a Bell operating company or its affiliate from providing, by the Internet or similar network employing such technology, two-way voice only interLATA telecommunications services originating in any of its in-region States until the FCC approves the application of such company for such State.