I
105TH CONGRESS
2D SESSION
H. R. 4176
To amend the Communications Act of 1934 to protect consumers against
‘spamming’, ‘slamming’, and ‘cramming’, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 25, 1998
Mr. MARKEY introduced the following bill; which was referred to the
Committee on Commerce
A BILL
To amend the Communications Act of 1934 to protect con-
sumers against ‘spamming’, ‘slamming’, and ‘cramming’,
and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Digital Jamming Act
of 1998’’.
TITLE I—PREVENTION OF
SPAMMING
SEC. 101. EXTENSION OF JUNK FAX REMEDIES TO COM-
MERCIAL EMAIL
Section 227 of the Communications Act of 1934 (47
U.S.C. 227) is amended—
(1) in subsection (a), by adding at the end the
following new paragraphs:
‘‘(5) The term ‘unsolicited electronic mail mes-
sage’ means any electronic mail message that is ad-
dressed and sent to a recipient with whom the
initiator does not have an existing relationship and
has been sent by the initiator without the express
consent of the recipient.
‘‘(6) The term ‘unsolicited commercial elec-
tronic mail message’ means any unsolicited elec-
tronic mail message that is sent for the purpose of
encouraging the purchase or rental of, or investment
in, property, goods, or services.
‘‘(7) The term ‘electronic mail service provider’
means any entity that provides subscribers the abil-
ity to send or receive electronic mail.
‘‘(8) The term ‘published policy’ means, with
respect to an electronic mail service provider’s policy
on unsolicited electronic mail messages, that such
policy is available upon request in written form at no
charge or is displayed conspicuously through an on-
line notice on the Internet home page of the elec-
tronic mail service provider.’’;
(2) in subsection (c)(3)—
(A) by striking ‘‘If the Commission deter-
mines to require such a database,’’ and insert-
ing ‘‘If the Commission determines to require
such a database pursuant to paragraph (2), or
at any time subsequent to the proceeding re-
quired by paragraph (1) determines that a
database is required to protect subscribers from
telephone solicitations or unsolicited electronic
mail messages,’’;
(B) by striking ‘‘and’’ at the end of sub-
paragraph (K);
(C) by striking the period at the end of
subparagraph (L) and inserting a semicolon;
and
(D) by adding at the end the following new
subparagraphs:
‘‘(M) require each electronic mail service
provider, in accordance with regulations pre-
scribed by the Commission, to inform subscrib-
ers for electronic mail service of the opportunity
to provide notification, in accordance with such
regulations, that such subscribers objects to re-
ceiving unsolicited commercial electronic mail
messages; and
‘‘(N) specify the methods by which each
electronic mail service subscriber shall be in-
formed, by the electronic mail service provider
that provides such service to such subscriber, of
(i) the subscriber’s right to give or revoke a no-
tification of objection under subparagraph (M),
and (ii) the methods by which such right may
be exercised by the subscriber.’’;
(3) by redesignating subsections (e) and (f) as
subsections (f) and (g), respectively;
(4) by inserting after subsection (d) the follow-
ing new subsection:
‘‘(e) RESTRICTIONS ON THE USE OF UNSOLICITED
COMMERCIAL ELECTRONIC MAIL MESSAGES.—
‘‘(1) INFORMATION ABOUT SENDER; RIGHT TO
REPLY.—It shall be unlawful for any person within
the United States—
‘‘(A) to initiate an unsolicited commercial
electronic mail message unless such message
contains—
‘‘(i) the name, street address, elec-
tronic mail address, and telephone number
of the person who initiates transmission of
the message;
‘‘(ii) the name, street address, elec-
tronic mail address, and telephone number
of the person who created the content of
the message;
‘‘(iii) a reply electronic mail address,
conspicuously displayed, where recipients
may send a reply to indicate a desire not
to receive any further messages; or
‘‘(iv) information on how recipients
may exercise the rights established pursu-
ant to subsection (c)(3);
‘‘(B) to initiate an unsolicited commercial
electronic mail message to any recipient who
has previously indicated a desire not to receive
such messages by sending a reply described in
subparagraph (A)(iii)); or
‘‘(C) to initiate an unsolicited commercial
electronic mail message unless such message
contains Internet routing information that is
accurate, is valid according to prevailing stand-
ards for Internet protocols, and correctly re-
flects the actual message routing.
‘‘(2) 
ENFORCEMENT
OF
VOLUNTARY
CYBERRULES REGARDING SPAMMING.—
‘‘(A) PROHIBITION.—No subscriber of an
electronic mail service provider shall use, or
cause to be used, the electronic mail service or
equipment in violation of that electronic mail
service’s published policy prohibiting or restrict-
ing the use of its service or equipment for the
initiation of an unsolicited commercial elec-
tronic mail message.
‘‘(B) ENFORCEMENT BY PROVIDERS.—Any
subscriber who violates subparagraph (A) for
the initiation of an unsolicited commercial elec-
tronic mail message shall be liable to the elec-
tronic mail service provider for damages in an
amount equal to $50 for each of the provider’s
subscribers to whom such message was trans-
mitted.’’; and
(5) in subsection (f)(1) (as redesignated by
paragraph (3))—
(A) by striking ‘‘or’’ at the end of subpara-
graph (C);
(B) by striking the period at the end of
subparagraph (D) and inserting ‘‘; or’’; and
(C) by adding at the end the following new
subparagraph:
‘‘(E) the making of unsolicited commercial
electronic mail messages.’’.
TITLE II—PREVENTION OF
SLAMMING AND CRAMMING
SEC. 201. LIABILITY TO SUBSCRIBERS; AUTHORITY OF
STATES.
(a) AMENDMENT.—Section 258 of the Communica-
tions Act of 1934 (47 U.S.C. 258) is amended by striking
subsection (b) and inserting the following:
‘‘(b) LIABILITY FOR CHARGES AFTER SLAMMING.—
‘‘(1) LIABILITY.—Any telecommunications car-
rier that violates the verification procedures de-
scribed in subsection (a) and that collects charges
for telephone exchange service or telephone toll serv-
ice from a subscriber shall be liable, in accordance
with such procedures as the Commission may pre-
scribe—
‘‘(A) to the carrier previously selected by
the subscriber in an amount equal to all
charges paid by such subscriber after such vio-
lation; and
‘‘(B) to the subscriber in an amount equal
to twice the amount of all charges paid by such
subscriber after such violation.
‘‘(2) EFFECT ON OTHER LAWS.—The remedies
provided by subsection (b) are in addition to any
other remedies available by law.
‘‘(c) PROHIBITION OF AND LIABILITY FOR CRAM-
MING.—
‘‘(1) 
PROHIBITION.—No 
telecommunications
carrier (including billing aggregators and service
providers) shall submit for billing on bills for tele-
communications services unauthorized services or
products.
‘‘(2) LIABILITY
TO
SUBSCRIBER.—Any tele-
communication carrier (including billing aggregators
and service providers) that violates paragraph (1)
and collects charges for unauthorized services or
products from a subscriber shall be liable to such
subscriber in an amount equal to twice the total
amount of charges paid by such subscriber after
such violation. The remedies provided by this sub-
section are in addition to any other remedies avail-
able by law.
‘‘(c) ACTIONS BY STATES.—