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 in-
habitant or in which the defendant may be found.
(f) ACTIONS BY OTHER STATE OFFICIALS.—Nothing
in this section may be construed to prohibit an authorized
State official from proceeding in State court on the basis
of an alleged violation of any civil or criminal statute of
the State concerned.
(g) 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 Mar-
shall Islands, the Federated States of Micronesia,
the Republic of Palau, and any possession of the
United States.
SEC. 304. INTERACTIVE COMPUTER SERVICE PROVIDERS.
(a) EXEMPTION FOR CERTAIN TRANSMISSIONS.—
(1) EXEMPTION.—Section 301 or 305 shall not
apply to a transmission of electronic mail by an
interactive computer service provider unless—
(A) the provider initiates the transmission;
or
(B) the transmission is not made to its
own customers.
(2) CONSTRUCTION.—Nothing in this sub-
section may be construed to require an interactive
computer service provider to transmit or otherwise
deliver any electronic mail message.
(b) ACTIONS BY INTERACTIVE COMPUTER SERVICE
PROVIDERS.—
(1) IN
GENERAL.—In addition to any other
remedies available under any other provision of law,
any interactive computer service provider adversely
affected by a violation of a provision of section 301
or 305 may, within 1 year after discovery of the vio-
lation, bring a civil action in a district court of the
United States against a person who violates such
provision. Such an action may be brought to enjoin
the violation, to enforce compliance with such provi-
sion, to obtain damages, or to obtain such further
and other relief as the court considers appropriate.
(2) DAMAGES.—
(A) IN GENERAL.—The amount of dam-
ages in an action under this subsection for a
violation specified in paragraph (1) may not ex-
ceed $15,000 per violation.
(B) 
RELATIONSHIP
TO
OTHER
DAM-
AGES.—Damages awarded for a violation under
this subsection 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 paragraph (1), award costs of suit, rea-
sonable costs of obtaining service of process,
reasonable attorney fees, and expert witness
fees for the prevailing party.
(3) VENUE; SERVICE OF PROCESS.—Any civil
action brought under paragraph (1) in a district
court of the United States may be brought in the
district in which the defendant or in which the inter-
active computer service provider is located, is an in-
habitant, 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.
(c) INTERACTIVE COMPUTER SERVICE PROVIDER
DEFINED.—In this section, the term ‘‘interactive com-
puter service provider’’ has the meaning given the term
‘‘interactive computer service’’ in section 230(e)(2) of the
Communications Act of 1934 (47 U.S.C. 230(e)(2)).
SEC. 305. RECEIPT OF TRANSMISSIONS BY PRIVATE PER-
SONS.
(a) TERMINATION
OF TRANSMISSIONS.—A person
who receives from any other person an electronic mail
message requesting the termination of further trans-
mission of commercial electronic mail shall cease the initi-
ation of further transmissions of such mail to the person
making the request.
(b) AFFIRMATIVE
AUTHORIZATION
OF
TRANS-
MISSIONS.—
(1) IN GENERAL.—Subject to paragraph (2), a
person may authorize another person to initiate
transmissions of unsolicited commercial electronic
mail to the person.
(2) AVAILABILITY OF TERMINATION.—A person
initiating transmissions of electronic mail under
paragraph (1) shall include, with each transmission
of such mail to a person authorizing the trans-
mission under that paragraph, the information speci-
fied in section 301(a)(2)(C).
(c) CONSTRUCTIVE
AUTHORIZATION
OF
TRANS-
MISSIONS.—
(1) IN GENERAL.—Subject to paragraphs (2)
and (3), a person who secures a good or service
from, or otherwise responds electronically to, an
offer in a transmission of unsolicited commercial
electronic mail shall be deemed to have authorized
the initiation of transmissions of unsolicited com-
mercial electronic mail from the person who initiated
the transmission.
(2) NO
AUTHORIZATION
FOR
REQUESTS
FOR
TERMINATION.—An electronic mail request to cease
the initiation of further transmissions of electronic
mail under subsection (a) shall not constitute au-
thorization for the initiation of further electronic
mail under this subsection.
(3) AVAILABILITY OF TERMINATION.—A person
initiating transmissions of electronic mail under
paragraph (1) shall include, with each transmission
of such mail to a person deemed to have authorized
the transmission under that paragraph, the informa-
tion specified in section 301(a)(2)(C).
(d) EFFECTIVE DATE OF TERMINATION REQUIRE-
MENTS.—Subsections (a), (b)(2), and (c)(3) shall take ef-
fect 30 days after the date of enactment of this Act.
SEC. 306. DEFINITIONS.
In this title:
(1) COMMERCIAL
ELECTRONIC
MAIL.—The
term ‘‘commercial electronic mail’’ means any elec-
tronic mail that—
(A) contains an advertisement for the sale
of a product or service;
(B) contains a solicitation for the use of a
telephone number, the use of which connects
the user to a person or service that advertises
the sale of or sells a product or service; or
(C) promotes the use of or contains a list
of one or more Internet sites that contain an
advertisement referred to in subparagraph (A)
or a solicitation referred to in subparagraph
(B).
(2) COMMISSION.—The term ‘‘Commission’’
means the Federal Trade Commission.
(3) The term ‘‘initiate the transmission’’ in the
case of an electronic mail message means to origi-
nate the electronic mail message, and does not en-
compass any intervening interactive computer service
whose facilities may have been used to relay, handle,
or otherwise retransmit the electronic mail message,
unless the intervening interactive computer service