THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
1 
M6-4 P331 
First Regular Session 
) 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article 2, 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. 


THIRTEENTH CONGRESS OF THE REPUBLtC ) 
OF THE PHTLIPPINES 
1 
RUG -4 P3:ll 
First Regular Session 
1 
& ‘T 
S. B. No. 
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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 
assembled: 
SECTION 1. Short Title. -This Act shall be known as the “E-Mail User Protection Act.” 
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. Defiaition ofTerms. -As used in this Act, the terms: 
(1) Electronic Mail Address - 
(A) IN GENERAL - “Electronic mail address” means a destination 
(commonly expresses as a string of characters) to which electronic mail can be 
sent or delivered. 
(B) 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”). 
(2) “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. 


(3) “Interactive Computer Service” means any information service, systemj 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. 
(4) “Internet” means all computer and telecommunications facilities, including 
equipment and operating software, which comprise the interconnected network of networks that 
employ the Transmission Control Protocol/Internet Protocol, or any predecessor or successor 
protocols to such protocol, to communicate information of all kinds by wire or radio. 
. 
(5) “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 d omain n ame”) and registered with an o rganization recognized b y the c omputer 
industry as a registrant of Internet domain. 
(6) “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. 
(7) “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. 
(8) “Servers” means any computer or program that provide support or services of 
any kind, including mailboxes, to other computers. 
(9) “Unsolicited Commercial E-mail Message” means any electronic mail other 
than - 
(A) electronic mail sent by persons to recipients with whom they have a 
direct or indirect relationship, including a prior business relationship; or 
(B) mail sent by a source to a recipient where such recipient, or someone 
authorized by him, has at any time affirmatively requested communication from 
that source. 


SECTION 4. Restrictions on the Use of Unsolicited E-Mail. 
- 
(1) Violations Directed at Interactive Computer Services - 
(A)For purposes of this subsection, a violation is defined as each initiation 
of a transmission w ithout regard to the number o f electronic m ail addresses to 
which the transmission is sent. 
(B) It shall be a violation of this Act, punishable under subsection (3) (A), 
for any person - 
(i) 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 - 
(a) preventing replies to such message through the use of 
standard reply mechanisms in the recipient’s electronic mail 
system; or 
(b) preventing receipt of standard notices of non-delivery; 
(ii) 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; 
(iii) 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; 
(iv) to intentionally register, create, or cause to be 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; 


(v) to direct au 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; 
(vi) knowing or having reason to laow 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. 
(2) Violations Directed at Individuals - 
(C) For purposes of this subsection, a violation is defined as each 
electronic mail address which receives a transmission. 
(D) It shall be a violation of this Act, punishable under subsection (3) (B), 
for any person - 
(i) 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; 
(ii) 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. 
(3) Liability For Violations - Any person or entity who violates any provision of 
subsection (1) or (2) shall be liable to any injured party for such relief as is set out below. 
(A)Relief for Interactive computer Services - In an action under this 
section for violation of subsection (l), relief may include - 


(i) such preliminary and other equitable or declaratory relief as 
may be appropriate; 
(ii) 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 
(iii) reasonable attorneys’ fees and other litigation costs reasonable 
incurred. 
.(B) Relief for Individuals - 
(i) In an action under this section for violation of subsection (2), 
relief shall be sought in an action brought by the injured party. 
(ii) 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. 
(iii) In an action under this subsection, appropriate relief includes - 
(a) an injunction or such preliminary and other equitable or 
declaratory relief as may be appropriate; 
(b) an action to recover statutory Twenty Thousand Pesos 
(P20,OOO.OO) in damages for each violation; or 
(c) both actions. 
(iv) 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 (iii). 


(v) Reasonable attorney’s fees and other litigation costs reasonably 
incurred. 
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 t 0, or inconsistent 
with, the provision of this Act is hereby repealed, modified, or amended accordingly, 
Section 7. Effectivity Clause. -This Act shall take effect fifteen days (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved. 
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