I

107TH CONGRESS

1ST SESSION H.R. 1017

To prohibit the unsolicited e-mail known as ‘‘spam’’.

IN THE HOUSE OF REPRESENTATIVES

MARCH 14, 2001

Mr. GOODLATTE (for himself, Mr. SMITH of Texas, and Mr. BOUCHER) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To prohibit the unsolicited e-mail known as ‘‘spam’’.

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 ‘‘Anti-Spamming Act

5 of 2001’’.

6 SEC. 2. PROTECTION FROM FRAUDULENT UNSOLICITED

7 E-MAIL.

8 Section 1030 of title 18, United States Code, is

9 amended—

10 (1) in subsection (a)(5)—
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1 (A) by striking ‘‘or’’ at the end of subpara2 graph (B); and

3 (B) by inserting after subparagraph (C)

4 the following:

5 ‘‘(D) intentionally and without authorization

6 initiates the transmission of a bulk unsolicited elec7 tronic mail message to a protected computer with

8 knowledge that such message falsifies an Internet

9 domain, header information, date or time stamp,

10 originating e-mail address, or other identifier; or

11 ‘‘(E) intentionally sells or distributes any com12 puter program that—

13 ‘‘(i) is designed or produced primarily for

14 the purpose of concealing the source or routing

15 information of bulk unsolicited electronic mail

16 messages in a manner prohibited by subpara17 graph (D) of this paragraph;

18 ‘‘(ii) has only limited commercially signifi19 cant purpose or use other than to conceal such

20 source or routing information; or

21 ‘‘(iii) is marketed by the violator or an22 other person acting in concert with the violator

23 and with the violator’s knowledge for use in

24 concealing the source or routing information of

25 such messages’’;
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1 (2) in subsection (c)(2)(A)—

2 (A) by inserting ‘‘(i)’’ after ‘‘in the case of

3 an offense’’; and

4 (B) by inserting after ‘‘an offense punish5 able under this subparagraph;’’ the following:

6 ‘‘or (ii) under subsection (a)(5)(D) or (a)(5)(E)

7 of this section which results in damage to a

8 protected computer’’;

9 (3) in subsection (c)(2)—

10 (A) by adding at the end the following:

11 ‘‘(D) in the case of a violation of subsection

12 (a)(5) (D) or (E), actual monetary loss and statu13 tory damages of $15,000 per violation or an amount

14 of up to $10 per message per violation whichever is

15 greater; and’’; and

16 (B) by striking ‘‘and’’ at the end of sub17 paragraph (A);

18 (4) in subsection (e)—

19 (A) by striking ‘‘and’’ at the end of para20 graph (8);

21 (B) by striking the period at the end of

22 paragraph (9); and

23 (C) by adding at the end the following:

24 ‘‘(10) the term ‘initiates the transmission’

25 means, in the case of an electronic mail message, to
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1 originate the electronic mail message, and excludes

2 the actions of any interactive computer service whose

3 facilities or services are used by another person to

4 transmit, relay, or otherwise handle such message;

5 ‘‘(11) the term ‘Internet domain’ means a spe6 cific computer system (commonly referred to as a

7 ‘host’) or collection of computer systems attached to

8 or able to be referenced from the Internet which are

9 assigned a specific reference point on the Internet

10 (commonly referred to as an ‘Internet domain

11 name’) and registered with an organization recog12 nized by the Internet industry as a registrant of

13 Internet domains;

14 ‘‘(12) the term ‘unsolicited electronic mail mes15 sage’ means any substantially identical electronic

16 mail message other than electronic mail initiated by

17 any person to others with whom such person has a

18 prior relationship, including prior business relation19 ship, or electronic mail sent by a source to recipients

20 where such recipients, or their designees, have at

21 any time affirmatively requested to receive commu22 nications from that source; and

23 ‘‘(13) the term ‘Internet’ means all computer

24 and telecommunications facilities, including equip25 ment and operating software, which comprise the
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1 interconnected network of networks that employ the

2 Transmission Control Protocol/Internet Protocol, or

3 any predecessor or successor protocols to such pro4 tocol, to communicate information of all kinds by

5 wire or radio.’’; and

6 (5) in subsection (g), by inserting ‘‘and reason7 able attorneys’ fees and other litigation costs reason8 ably incurred in connection with the civil action’’

9 after ‘‘injunctive relief or other equitable relief’’.

Æ

107TH CONGRESS

1ST SESSION H. R.

IN THE HOUSE OF REPRESENTATIVES

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

A BILL

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