FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
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First Regular Session 
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SENATE 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article 11, Section 24, provides: 
The State recognizes the vital role of communication and information in 
nation building. 
The Internet has become a critical mode of global communication and now presents 
unprecedented opportunities for the development and growth of global commerce and an 
integrated worldwide economy. However, the receipt of unsolicited commercial e-mail may 
result in undue monetary costs to recipients who cannot refuse to accept such mail and who incur 
costs for storage of such mail, or for the time spent accessing, reviewing, and discarding such 
mail. or of both. 
This bill seeks to protect the consumers and service providers from the misuse of 
,computer facilities by others sending unsolicited commercial electronic mail over such facilities.* 
* This bill was re-filed during the Thirteenth Congress, First Regular Session. 


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FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
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First Regular Session 
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Introduced by Senator Miriam Defensor Santiago 
AN ACT 
TO PROTECT CONSUMERS AND SERVICE PROVIDERS FROM THE MISUSE OF 
COMPUTER FACILITIES BY OTHERS SENDING UNSOLICITED COMMERCIAL 
ELECTRONIC MAIL 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assem bled: 
SECTION 1. Short Title. - This Act shall be known as the “E-Mail User Protection Act 
of 2007.” 
SECTION 2. Declaration of Policy. - It is the policy of the State to recognize the vital 
role of communication and information in nation building. 
SECTION 3. Definition of Terms. -As used in this Act, the terms: 
(A) Electronic Mail Address. - 
(1) In General. - “Electronic mail address” means a destination, commonly 
expresses as a string of characters, to which electronic mail can be sent or delivered. 
(2) Inclusion. - In the case of the Internet, the term “electronic mail address” may 
include an electronic mail address consisting of a user name of mailbox, commonly 
referred to as the “local part”, and a reference to an Internet domain, commonly referred 
to as the “domain part”. 
(B) “Initiates the transmission,” in the case of an electronic mail message, means the 
action of the original sender of the message and not to any intervening computer service that may 
handle or retransmit the message, unless the intervening computer service retransmits the 
message with an Internet to engage in activities prohibited by this Act. 
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(C) “Interactive Computer Service” means any information service, system, or access 
software provider that provides or enables computer access by multiple users to a computer 
server, including specifically a service or system that provides access to the Internet and such 
systems operated or services offered by libraries or educational institutions. 
(D) “Internet” means all computer and telecommunications facilities, including 
equipment and operating software, which comprise the interconnected network of networks that 
employ the Transmission Control ProtocolDnternet Protocol, or any predecessor or successor 
protocols to such protocol, to communicate information of all kinds by wire or radio. 
(E) “Internet Domain” means a specific computer system, commonly referred to as 
“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 the 
“Internet domain name”, and registered with an organization recognized by the computer 
industry as a registrant of Internet domain. 
(F) “Mailing List” means a computer program that provides electronic mailing list 
management functions, including functions that allow individuals to subscribe and unsubscribe 
to and from electronic mailing lists. 
(G) “Mail Filtering Tool” means any computer program, procedure, or mechanism used 
by an individual recipient or interactive computer service to block, return, reroute, or otherwise 
screen or sort incoming electronic mail messages. 
(H) 
“Servers” means any computer or program that provides support or services of any 
kind, including mailboxes, to other computers. 
(I) “Unsolicited Commercial E-mail Message” means any electronic mail other than - 
(1) Electronic mail sent by persons to recipients with whom they have a direct or 
indirect relationship, including a prior business relationship; or 
(2) Mail sent by a some to a recipient where such recipient, or someone 
authorized by him, has at any time affirmatively requested communication from that 
source. 
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SECTION 4. Restrictions on the Use of Unsolicited E-Mail. - 
(A) Violations Directed at Interactive Computer Services. - 
(1) For purposes of this subsection, a violation is defined as each initiation of a 
transmission without regard to the number of electronic mail addresses to 
which the transmission is sent. 
(2) It shall be a violation of this Act, punishable under subparagraph (C)(l), for 
any person - 
(a) To intentionally initiate the transmission of an unsolicited 
commercial e-mail message from an unregistered or fictitious Internet 
domain, or an unregistered or fictitious electronic mail address, for the 
purpose of - 
(i) Preventing replies to such message through the use of 
standard reply mechanisms in the recipient’s electronic mail 
system; or 
(ii) Preventing receipt of standard notices of non-delivery; 
(b) To intentionally use or distribute a computer program or other 
technical mechanism or procedure intending to disguise the source of 
unsolicited commercial e-mail messages or to disable or circumvent a mail 
filtering tool; 
(c) To intentionally distribute, through computer software or in any 
other manner, a collection or list of electronic mail addresses knowing that 
the collection or list contains addresses of persons who have previously 
requested removal from the list; 
(d) To intentionally register, create, or cause to he created an 
Internet domain under false pretenses or to apply for, register, or otherwise 
obtain the use of an Internet electronic mail account for the sole or 
primary purpose of disguising the source of unsolicited electronic mail 
messages; 
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(e) To direct an unsolicited e-mail message through the server of 
an interactive computer service provider to one or more subscribers of the 
interactive computer service, knowing or having reason to know that such 
action is in contravention of the rules of the interactive computer service 
with respect to unsolicited commercial e-mail messages; 
(9 Knowing or having reason to know that such action is in 
contravention of the rules of an interactive computer service, to access the 
server of such interactive computer service and to use a computer program 
to collect service for the purpose of sending such subscribers unsolicited 
commercial e-mail or selling or distributing the list collected or obtained. 
(B) Violations Directed at Individuals. - 
(1) For purposes of this subsection, a violation is defined as each electronic mail 
address which receives a transmission. 
(2) It shall be a violation of this Act, punishable under subsection (C)(2), for any 
person - 
(a) to fail to comply with the request of the recipient of an electronic mail 
message, made to the sender or electronic mailing list manager, as appropriate, to 
cease sending electronic messages to the recipient in the future; 
(b) to initiate the transmission of an unsolicited 
commercial e-mail 
message to a recipient despite having been given prior notice, either directly or 
through a standard method developed, adopted, or modified by an Internet 
standard setting organization, to better facilitate pre-emptive consumer control 
over unsolicited, commercial e-mail, that the recipient does not wish to receive 
such messages. 
(C) Liability for Violations - Any person or entity who violates any provision of 
paragraph (A) or (B) shall be liable to any injured party for such relief as is set out below. 
(1) Relief for Interactive computer Services. - In an action under this section for 
violation of paragraph (A), relief may include - 
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(a) Such preliminary and other equitable or declaratory relief as may be 
appropriate; 
(b) For actual monetary loss from a violation, statutory damages of not 
more than One Hundred Thousand Pesos (PlO0,OOO.OO) for each violation, and, if 
the court finds that the defendant’s actions were particularly egregious, willful, or 
knowing, the court may, in its discretion, increase the amount of an award to an 
amount equal to not more than ten (10) times the amount available; and 
(c) Reasonable attorneys’ fees and other litigation costs reasonable 
incurred. 
(2) Relieffor Individuals. - 
(a) In an action under this section for violation of paragraph (B), relief 
shall be sought in an action brought by the injured party. 
(b) Whenever an official or an agency designated by the State, has reason 
to believe that any person has engaged or is engaging in a pattern or practice of 
transmitting unsolicited commercial e-mail in violation of this section or the 
regulations prescribed under this section, the State may bring an action for such 
relief as may be appropriate. 
(c) In an action under this subsection, appropriate relief includes - 
(i) An injunction or such preliminary and other equitable or 
declaratory relief as may be appropriate; 
(ii) An action to recover statutory Twenty Thousand Pesos 
(P20,OOO.OO) in damages for each violation; or 
(iii) both actions. 
(d) If the court finds the defendant’s action were particularly egregious, 
willful, or knowing, the court may, in its discretion, increase amount of the award 
to an amount equal to not more than ten times the amount available in 
subparagraph (C)(2)(c) of this Section. 
(e) Reasonable attorney’s fees and other litigation costs reasonably 
incurred. 
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SECTION 5 .  Separability Clause. - If any provision or part hereof, is held invalid or 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
valid and subsisting. 
SECTION 6. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule or regulation contrary to, or inconsistent 
with, the provision of this Act is hereby repealed, modified, or amended accordingly. 
SECTION 7 .  Effectivity Clui~se. - This Act shall take effect fifteen days (15) days afkr 
its publication in at least two (2) newspapers of general circulation. 
Approved, 
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