E-Mail User Protection Act

SECTION. 1. SHORT TITLE

    This Act may be cited as the ``E-Mail User Protection Act''.

SEC. 2. LIMITATIONS ON THE USE OF UNSOLICITED BULK E-MAIL.

    (a) Prohibition.--It shall be unlawful for any person, using any 
means or instrumentality of, or affecting, interstate or foreign 
commerce--
            (1) to initiate the transmission of a unsolicited bulk 
        electronic mail message that contains a false, fictitious, or 
        misappropriated name of the sender, electronic mail return 
        address, or name and phone number of a telephone contact 
        person;
            (2) to initiate the transmission of a unsolicited bulk 
        electronic mail message to an interactive computer service with 
        knowledge that such message falsifies an Internet domain, 
        header information, date or time stamp, originating e-mail 
        address or other identifier;
            (3) to initiate the transmission of an unsolicited bulk 
        electronic mail message and to fail to comply with the request 
        of the recipient of the message, delivered to the sender's 
        electronic mail address, that the recipient does not wish to 
        receive such messages;
            (4) to use, create, sell, or distribute any computer 
        software that is primarily designed to create, on an electronic 
        mail message, false Internet domain, header information, date 
        or time stamp, originating e-mail address or other identifier.
    (b) Violations.--
            (1) Civil fines.--Whoever knowingly violates subsection (a) 
        shall be fined not more than the greater of (1) $50 for each 
        message delivered in violation of such subsection, or (2) 
        $10,000 for each day the violation continues.
            (2) Criminal sanctions.--Whoever--
                    (A) intentionally violates subsection (a)(1) by 
                misappropriating the name or electronic mail return 
                address of another person; or
                    (B) intentionally violates subsection (a)(3) by 
                initiating the transmission of unsolicited electronic 
                mail to an individual who has specifically communicated 
                to the violator that individual's desire not to receive 
                such mail;
        shall be fined under title 18, United States Code, or 
        imprisoned not more than one year, or both.

SEC. 3. ENFORCEMENT

    The Federal Trade Commission shall have the power to enforce a 
violation of section 2 as an unfair or deceptive act or practice 
prescribed under section 18(a)(1)(B) of the Federal Trade Commission 
Act (15 U.S.C. 57(a)(1)(B)).

SEC. 4. RIGHT OF ACTION AND RECOVERY OF CIVIL DAMAGES.

    (a) Right of Action.--
            (1) Actions by interactive computer services.--Any 
        interactive computer service that has been adversely affected 
        by a violation of section 2(a)(2) may recover in a civil action 
        from the person or entity that engaged in such violation such 
        relief as may be appropriate.
            (2) Actions by recipients.--Any person or entity that has 
        received an unsolicited bulk email and been adversely affected 
        by a violation of section 2 may recover in a civil action from 
        the person or entity that engaged in such violation such relief 
        as may be appropriate.
    (b) Relief.--
            (1) Actions by interactive computer services.--In an action 
        under subsection (a)(1), appropriate relief includes--
                    (A) such preliminary and other equitable or 
                declaratory relief as may be appropriate, including an 
                injunction against future violations;
                    (B) actual monetary loss from a violation, 
                statutory damages of not more than the greater of --
                            (i) $50 for each message delivered in 
                        violation of section 2(a)(2); or
                            (ii) $10,000 for each day during which the 
                        violation continues; and
                    (C) a reasonable attorney's fee and other 
                litigation costs reasonably incurred.
            (2) Actions by recipients.--In an action under subsection 
        (a)(2), appropriate relief includes--
                    (A) such preliminary and other equitable or 
                declaratory relief as may be appropriate, including an 
                injunction against future violations;
                    (B) actual monetary loss from a violation, 
                statutory damages of $50 for each message delivered in 
                violation of section 2(a)(2); and
                    (C) a reasonable attorney's fee and other 
                litigation costs reasonably incurred.

SEC. 5. DEFINITIONS.

    For purposes of this Act:
            (1) Unsolicited bulk electronic mail message.--The term 
        ``unsolicited bulk electronic mail message'' means any 
        electronic mail message initiated by any person for commercial 
        purposes, except for--
                    (A) electronic mail sent to others with whom such 
                person has a prior relationship, including a prior 
                business relationship; or
                    (B) electronic mail sent to a recipient if such 
                recipient, or someone authorized by them, has at any 
                time affirmatively requested to receive communications 
                from that source.
            (2) Electronic mail address.--The term ``electronic mail 
        address'' means a destination on the Internet (commonly 
        expressed as a string of characters) to which electronic mail 
        can be sent or delivered.
            (3) Interactive computer service.--The term ``interactive 
        computer service'' has the meaning given that term in section 
        230(e)(2) of the Communications Act of 1934 (47 U.S.C. 
        230(e)(2)).
            (4) Internet domain.--The term ``Internet domain'' means a 
        specific computer system (commonly referred to as a ``host'') 
        or collection of computer systems that the Internet can 
        reference, that are assigned a specific reference point on the 
        Internet (commonly referred to as an ``Internet domain name''), 
        and that are registered with an organization that the Internet 
        industry recognizes as a registrar of Internet domains.
            (5) Initiates the transmission.--The term ``initiates the 
        transmission,'' in the case of an electronic mail message, 
        means 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.

SEC. 6. EFFECTIVE DATE.

    The provisions of this Act shall take effect 45 days after the date 
of enactment of this Act.

Summary: E-Mail User Protection Act - Amends the Communications Act of 1934 to make it unlawful for any person to: (1) initiate the transmission of an unsolicited bulk electronic mail message that contains a false or misappropriated name of the sender, return address, or name and phone number of a telephone contact person. (2) initiate such a message to an interactive computer service with the knowledge that such message falsifies identifying information. (3) initiate such a message and fail to comply with the recipient's request to not receive such messages. Or (4) use, create, sell, or distribute any computer software that is primarily designed to create false identifier information. Provides civil fines and criminal sanctions for such violations. Authorizes enforcement through the Federal Trade Commission as an unfair or deceptive act or practice. Provides appropriate relief for both interactive computer services and recipients.