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106TH CONGRESS

1ST SESSION H. R. 1910

To prohibit abuses in the use of unsolicited bulk electronic mail, and for

other purposes.

IN THE HOUSE OF REPRESENTATIVES

MAY 24, 1999

Mr. GREEN of Texas introduced the following bill; which was referred to the

Committee on Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each

case for consideration of such provisions as fall within the jurisdiction of

the committee concerned

A BILL

To prohibit abuses in the use of unsolicited bulk electronic

mail, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION. 1. SHORT TITLE

4 This Act may be cited as the ‘‘E-Mail User Protection

5 Act’’.
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1 SEC. 2. LIMITATIONS ON THE USE OF UNSOLICITED BULK

2 E-MAIL.

3 (a) PROHIBITION.—It shall be unlawful for any per4 son, using any means or instrumentality of, or affecting,

5 interstate or foreign commerce—

6 (1) to initiate the transmission of a unsolicited

7 bulk electronic mail message that contains a false,

8 fictitious, or misappropriated name of the sender,

9 electronic mail return address, or name and phone

10 number of a telephone contact person;

11 (2) to initiate the transmission of a unsolicited

12 bulk electronic mail message to an interactive com13 puter service with knowledge that such message fal14 sifies an Internet domain, header information, date

15 or time stamp, originating e-mail address or other

16 identifier;

17 (3) to initiate the transmission of an unsolicited

18 bulk electronic mail message and to fail to comply

19 with the request of the recipient of the message, de20 livered to the sender’s electronic mail address, that

21 the recipient does not wish to receive such messages;

22 (4) to use, create, sell, or distribute any com23 puter software that is primarily designed to create,

24 on an electronic mail message, false Internet do25 main, header information, date or time stamp, origi26 nating e-mail address or other identifier.
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1 (b) VIOLATIONS.—

2 (1) CIVIL FINES.—Whoever knowingly violates

3 subsection (a) shall be fined not more than the

4 greater of (1) $50 for each message delivered in vio5 lation of such subsection, or (2) $10,000 for each

6 day the violation continues.

7 (2) CRIMINAL SANCTIONS.—Whoever—

8 (A) intentionally violates subsection (a)(1)

9 by misappropriating the name or electronic mail

10 return address of another person; or

11 (B) intentionally violates subsection (a)(3)

12 by initiating the transmission of unsolicited

13 electronic mail to an individual who has specifi14 cally communicated to the violator that individ15 ual’s desire not to receive such mail;

16 shall be fined under title 18, United States Code, or

17 imprisoned not more than one year, or both.

18 SEC. 3. ENFORCEMENT

19 The Federal Trade Commission shall have the power

20 to enforce a violation of section 2 as an unfair or deceptive

21 act or practice prescribed under section 18(a)(1)(B) of the

22 Federal Trade Commission Act (15 U.S.C. 57(a)(1)(B)).

23 SEC. 4. RIGHT OF ACTION AND RECOVERY OF CIVIL DAM24 AGES.

25 (a) RIGHT OF ACTION.—
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1 (1) ACTIONS BY INTERACTIVE COMPUTER SERV2 ICES.—Any interactive computer service that has

3 been adversely affected by a violation of section

4 2(a)(2) may recover in a civil action from the person

5 or entity that engaged in such violation such relief

6 as may be appropriate.

7 (2) ACTIONS BY RECIPIENTS.—Any person or

8 entity that has received an unsolicited bulk email

9 and been adversely affected by a violation of section

10 2 may recover in a civil action from the person or

11 entity that engaged in such violation such relief as

12 may be appropriate.

13 (b) RELIEF.—

14 (1) ACTIONS BY INTERACTIVE COMPUTER SERV15 ICES.—In an action under subsection (a)(1), appro16 priate relief includes—

17 (A) such preliminary and other equitable

18 or declaratory relief as may be appropriate, in19 cluding an injunction against future violations;

20 (B) actual monetary loss from a violation,

21 statutory damages of not more than the greater

22 of —

23 (i) $50 for each message delivered in

24 violation of section 2(a)(2); or
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1 (ii) $10,000 for each day during

2 which the violation continues; and

3 (C) a reasonable attorney’s fee and other

4 litigation costs reasonably incurred.

5 (2) ACTIONS BY RECIPIENTS.—In an action

6 under subsection (a)(2), appropriate relief

7 includes—

8 (A) such preliminary and other equitable

9 or declaratory relief as may be appropriate, in10 cluding an injunction against future violations;

11 (B) actual monetary loss from a violation,

12 statutory damages of $50 for each message de13 livered in violation of section 2(a)(2); and

14 (C) a reasonable attorney’s fee and other

15 litigation costs reasonably incurred.

16 SEC. 5. DEFINITIONS.

17 For purposes of this Act:

18 (1) UNSOLICITED BULK ELECTRONIC MAIL

19 MESSAGE.—The term ‘‘unsolicited bulk electronic

20 mail message’’ means any electronic mail message

21 initiated by any person for commercial purposes, ex22 cept for—

23 (A) electronic mail sent to others with

24 whom such person has a prior relationship, in25 cluding a prior business relationship; or
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1 (B) electronic mail sent to a recipient if

2 such recipient, or someone authorized by them,

3 has at any time affirmatively requested to re4 ceive communications from that source.

5 (2) ELECTRONIC MAIL ADDRESS.—The term

6 ‘‘electronic mail address’’ means a destination on the

7 Internet (commonly expressed as a string of char8 acters) to which electronic mail can be sent or deliv9 ered.

10 (3) INTERACTIVE COMPUTER SERVICE.—The

11 term ‘‘interactive computer service’’ has the meaning

12 given that term in section 230(e)(2) of the Commu13 nications Act of 1934 (47 U.S.C. 230(e)(2)).

14 (4) INTERNET DOMAIN.—The term ‘‘Internet

15 domain’’ means a specific computer system (com16 monly referred to as a ‘‘host’’) or collection of com17 puter systems that the Internet can reference, that

18 are assigned a specific reference point on the Inter19 net (commonly referred to as an ‘‘Internet domain

20 name’’), and that are registered with an organiza21 tion that the Internet industry recognizes as a reg22 istrar of Internet domains.

23 (5) INITIATES THE TRANSMISSION.—The term

24 ‘‘initiates the transmission,’’ in the case of an elec25 tronic mail message, means to originate the elec-
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1 tronic mail message, and excludes the actions of any

2 interactive computer service whose facilities or serv3 ices are used by another person to transmit, relay,

4 or otherwise handle such message.

5 SEC. 6. EFFECTIVE DATE.

6 The provisions of this Act shall take effect 45 days

7 after the date of enactment of this Act.

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