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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 759 Introduced in Senate (IS)]

106th CONGRESS
  1st Session
                                 S. 759

To regulate the transmission of unsolicited commercial electronic mail 
                on the Internet, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 25, 1999

 Mr. Murkowski (for himself, Mr. Torricelli, Mr. Burns, and Mr. Reid) 
introduced the following bill; which was read twice and referred to the 
           Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL

 
To regulate the transmission of unsolicited commercial electronic mail 
                on the Internet, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Inbox Privacy Act of 1999''.

SEC. 2. TRANSMISSIONS OF UNSOLICITED COMMERCIAL ELECTRONIC MAIL.

    (a) Prohibition on Transmission to Persons Declining Receipt.--
            (1) In general.--A person may not initiate the transmission 
        of unsolicited commercial electronic mail to another person if 
        such other person submits to the person a request that the 
        initiation of the transmission of such mail by the person to 
        such other person not occur.
            (2) Form of request.--A request under paragraph (1) may 
        take any form appropriate to notify a person who initiates the 
        transmission of unsolicited commercial electronic mail of the 
        request, including an appropriate reply to a notice specified 
        in subsection (d)(2).
            (3) Constructive authorization.--
                    (A) In general.--Subject to subparagraph (B), for 
                purposes of this subsection, a person who secures a 
                good or service from, or otherwise responds 
                electronically to an offer in a commercial electronic 
                mail message shall be deemed to have authorized the 
                initiation of transmissions of unsolicited commercial 
                electronic mail from the person who initiated 
                transmission of the message.
                    (B) No authorization for request for termination.--
                A reply to a notice specified in subsection (d)(2) 
                shall not constitute authorization for the initiation 
                of transmissions of unsolicited commercial electronic 
                mail under this paragraph.
    (b) Prohibition on Transmission to Domain Owners Declining 
Receipt.--
            (1) In general.--Except as provided in paragraph (2), a 
        person may not initiate the transmission of unsolicited 
        commercial electronic mail to any electronic mail addresses 
        served by a domain if the domain owner has elected not to 
        receive transmissions of such mail at the domain in accordance 
        with subsection (c).
            (2) Exceptions.--The prohibition in paragraph (1) shall not 
        apply in the case of the following:
                    (A) A domain owner initiating transmissions of 
                commercial electronic mail to its own domain.
                    (B) Any customer of an Internet service provider or 
                interactive computer service provider included on a 
                list under subsection (c)(3)(C).
    (c) Domain-wide opt-out system.--
            (1) In general.--A domain owner may elect not to receive 
        transmissions of unsolicited commercial electronic mail at its 
        own domain.
            (2) Notice of election.--A domain owner making an election 
        under this subsection shall--
                    (A) notify the Federal Trade Commission of the 
                election in such form and manner as the Commission 
                shall require for purposes of section 4(c); and
                    (B) if the domain owner is an Internet service 
                provider or interactive computer service provider, 
                notify the customers of its Internet service or 
                interactive computer service, as the case may be, in 
                such manner as the provider customarily employs for 
                notifying such customers of matters relating to such 
                service, of--
                            (i) the election; and
                            (ii) the authority of the customers to make 
                        the election provided for under paragraph (3).
            (3) Customer election to continue receipt of mail.--
                    (A) Election.--Any customer of an Internet service 
                provider or interactive computer service provider 
                receiving a notice under paragraph (2)(B) may elect to 
                continue to receive transmissions of unsolicited 
                commercial electronic mail through the domain covered 
                by the notice, notwithstanding the election of the 
Internet service provider or interactive computer service provider 
under paragraph (1) to which the notice applies.
                    (B) Transmittal of mail.--An Internet service 
                provider or interactive computer service provider may 
                not impose or collect any fee for the receipt of 
                unsolicited commercial electronic mail under this 
                paragraph (other than the usual and customary fee 
                imposed and collected for the receipt of commercial 
                electronic mail by its customers) or otherwise 
                discriminate against a customer for the receipt of such 
                mail under this paragraph.
                    (C) List of customers making election.--
                            (i) Requirement.--An Internet service 
                        provider or interactive computer service 
                        provider shall maintain a list of each of its 
                        current customers who have made an election 
                        under subparagraph (A).
                            (ii) Availability of list.--Each such 
                        provider shall make such list available to the 
                        public in such form and manner as the 
                        Commission shall require for purposes of 
                        section 4(c).
                            (iii) Prohibition on fee.--A provider may 
                        not impose or collect any fee in connection 
                        with any action taken under this subparagraph.
    (d) Information To Be Included in All Transmissions.--A person 
initiating the transmission of any unsolicited commercial electronic 
mail message shall include in the body of such message the following 
information:
            (1) The name, physical address, electronic mail address, 
        and telephone number of the person.
            (2) A clear and obvious notice that the person will cease 
        further transmissions of commercial electronic mail to the 
        recipient of the message at no cost to that recipient upon the 
        transmittal by that recipient to the person, at the electronic 
        mail address from which transmission of the message was 
        initiated, of an electronic mail message containing the word 
        ``remove'' in the subject line.
    (e) Routing Information.--A person initiating the transmission of 
any commercial electronic mail message shall ensure that all Internet 
routing information contained in or accompanying such message is 
accurate, valid according to the prevailing standards for Internet 
protocols, and accurately reflects the routing of such message.

SEC. 3. DECEPTIVE ACTS OR PRACTICES IN CONNECTION WITH SALE OF GOODS OR 
              SERVICES OVER THE INTERNET.

    (a) Authority to Regulate.--
            (1) In general.--The Federal Trade Commission may prescribe 
        rules for purposes of defining and prohibiting deceptive acts 
        or practices in connection with the promotion, advertisement, 
        offering for sale, or sale of goods or services on or by means 
        of the Internet.
            (2) Commercial electronic mail.--The rules under paragraph 
        (1) may contain specific provisions addressing deceptive acts 
        or practices in the initiation, transmission, or receipt of 
        commercial electronic mail.
            (3) Nature of violation.--The rules under paragraph (1) 
        shall treat any violation of such rules as a violation of a 
        rule under section 18 of the Federal Trade Commission Act (15 
        U.S.C. 57a), relating to unfair or deceptive acts or practices 
        affecting commerce.
    (b) Prescription.--Section 553 of title 5, United States Code, 
shall apply to the prescription of any rules under subsection (a).

SEC. 4. FEDERAL TRADE COMMISSION ACTIVITIES WITH RESPECT TO UNSOLICITED 
              COMMERCIAL ELECTRONIC MAIL.

    (a) Investigation.--
            (1) In general.--Subject to paragraph (2), upon notice of 
        an alleged violation of a provision of section 2, the Federal 
        Trade Commission may conduct an investigation in order to 
        determine whether or not the violation occurred.
            (2) Limitation.--The Commission may not undertake an 
        investigation of an alleged violation under paragraph (1) more 
        than 2 years after the date of the alleged violation.
            (3) Receipt of notices.--The Commission shall provide for 
        appropriate means of receiving notices under paragraph (1). 
        Such means shall include an Internet web page on the World Wide 
        Web that the Commission maintains for that purpose.
    (b) Enforcement Powers.--If as a result of an investigation under 
subsection (a) the Commission determines that a violation of a 
provision of section 2 has occurred, the Commission shall have the 
power to enforce such provision as if such violation were a violation 
of a rule prescribed under section 18 of the Federal Trade Commission 
Act (15 U.S.C. 57a), relating to unfair or deceptive acts or practices 
affecting commerce.
    (c) Information on Elections Under Domain-Wide Opt-Out System.--
            (1) Initial site for information.--The Commission shall 
        establish and maintain an Internet web page on the World Wide 
        Web containing information sufficient to make known to the 
        public for purposes of section 2 the domain owners who have 
        made an election under subsection (c)(1) of that section and 
        the persons who have made an election under subsection (c)(3) 
        of that section.
            (2) Alternative site.--The Commission may from time to time 
        select another means of making known to the public the 
        information specified in paragraph (1). Any such selection 
        shall be made in consultation with the members of the Internet 
        community.
    (d) Assistance of Other Federal Agencies.--Other Federal 
departments and agencies may, upon request of the Commission, assist 
the Commission in carrying out activities under this section.

SEC. 5. ACTIONS BY STATES.

    (a) In General.--Whenever the attorney general of a State has 
reason to believe that the interests of the residents of the State have 
been or are being threatened or adversely affected because any person 
is engaging in a pattern or practice of the transmission of electronic 
mail in violation of a provision of section 2, or of any rule 
prescribed pursuant to section 3, the State, as parens patriae, may 
bring a civil action on behalf of its residents to enjoin such 
transmission, to enforce compliance with such provision or rule, to 
obtain damages or other compensation on behalf of its residents, or to 
obtain such further and other relief as the court considers 
appropriate.
    (b) Notice to Commission.--
            (1) Notice.--The State shall serve prior written notice of 
        any civil action under this section on the Federal Trade 
        Commission and provide the Commission with a copy of its 
        complaint, except that if it is not feasible for the State to 
        provide such prior notice, the State shall serve written notice 
        immediately after instituting such action.
            (2) Rights of commission.--On receiving a notice with 
        respect to a civil action under paragraph (1), the Commission 
        shall have the right--
                    (A) to intervene in the action;
                    (B) upon so intervening, to be heard in all matters 
                arising therein; and
                    (C) to file petitions for appeal.
    (c) Actions by Commission.--Whenever a civil action has been 
instituted by or on behalf of the Commission for violation of a 
provision of section 2, or of any rule prescribed pursuant to section 
3, no State may, during the pendency of such action, institute a civil 
action under this section against any defendant named in the complaint 
in such action for violation of any provision or rule as alleged in the 
complaint.
    (d) Construction.--For purposes of bringing a civil action under 
subsection (a), nothing in this section shall prevent an attorney 
general from exercising the powers conferred on the attorney general by 
the laws of the State concerned to conduct investigations or to 
administer oaths or affirmations or to compel the attendance of 
witnesses or the production of documentary or other evidence.
    (e) Venue; Service of Process.--Any civil action brought under 
subsection (a) in a district court of the United States may be brought 
in the district in which the defendant is found, is an inhabitant, or 
transacts business or wherever venue is proper under section 1391 of 
title 28, United States Code. Process in such an action may be served 
in any district in which the defendant is an inhabitant or in which the 
defendant may be found.
    (f) Definitions.--In this section:
            (1) Attorney general.--The term ``attorney general'' means 
        the chief legal officer of a State.
            (2) State.--The term ``State'' means any State of the 
        United States, the District of Columbia, Puerto Rico, Guam, 
        American Samoa, the United States Virgin Islands, the 
        Commonwealth of the Northern Mariana Islands, the Republic of 
        the Marshall Islands, the Federated States of Micronesia, the 
        Republic of Palau, and any possession of the United States.

SEC. 6. ACTIONS BY INTERNET SERVICE PROVIDERS AND INTERACTIVE COMPUTER 
              SERVICE PROVIDERS.

    (a) Actions Authorized.--In addition to any other remedies 
available under any other provision of law, any Internet service 
provider or interactive computer service provider adversely affected by 
a violation of section 2(b)(1) may, within 1 year after discovery of 
the violation, bring a civil action in a district court of the United 
States against a person who violates such section.
    (b) Relief.--
            (1) In general.--An action may be brought under subsection 
        (a) to enjoin a violation referred to in that subsection, to 
        enforce compliance with the provision referred to in that 
        subsection, to obtain damages as specified in paragraph (2), or 
        to obtain such further and other relief as the court considers 
        appropriate.
            (2) Damages.--
                    (A) In general.--The amount of damages in an action 
                under this section for a violation specified in 
                subsection (a) may not exceed $50,000 per day in which 
                electronic mail constituting such violation was 
                received.
                    (B) Relationship to other damages.--Damages awarded 
                under this subsection for a violation under subsection 
                (a) are in addition to any other damages awardable for 
                the violation under any other provision of law.
                    (C) Cost and fees.--The court may, in issuing any 
                final order in any action brought under subsection (a), 
                award costs of suit, reasonable costs of obtaining 
                service of process, reasonable attorney fees, and 
                expert witness fees for the prevailing party.
    (c) Venue; Service of Process.--Any civil action brought under 
subsection (a) in a district court of the United States may be brought 
in the district in which the defendant or in which the Internet service 
provider or interactive computer service provider is located, is an 
inhabitant, or transacts business or wherever venue is proper under 
section 1391 of title 28, United States Code. Process in such an action 
may be served in any district in which the defendant is an inhabitant 
or in which the defendant may be found.

SEC. 7. PREEMPTION.

    This Act preempts any State or local laws regarding the 
transmission or receipt of commercial electronic mail.

SEC. 8. DEFINITIONS.

    In this Act:
            (1) Commercial electronic mail.--The term ``commercial 
        electronic mail'' means any electronic mail or similar message 
        whose primary purpose is to initiate a commercial transaction, 
        not including messages sent by persons to others with whom they 
        have a prior business relationship.
            (2) Initiate the transmission.--
                    (A) In general.--The term ``initiate the 
                transmission'', in the case of an electronic mail 
                message, means to originate the electronic mail 
                message.
                    (B) Exclusion.--Such term does not include any 
                intervening action to relay, handle, or otherwise 
                retransmit an electronic mail message, unless such 
                action is carried out in intentional violation of a 
                provision of section 2.
            (3) Interactive computer service provider.--The term 
        ``interactive computer service provider'' means a provider of 
        an interactive computer service (as that term is defined in 
        section 230(e)(2) of the Communications Act of 1934 (47 U.S.C. 
        230(e)(2)).
            (4) Internet.--The term ``Internet'' has the meaning given 
        that term in section 230(e)(1) of the Communications Act of 
        1934 (47 U.S.C. 230(e)(1)).
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