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) intro-
duced the following bill; which was referred to the Committee on the Ju-
diciary
A BILL
To prohibit the unsolicited e-mail known as ‘‘spam’’.
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 ‘‘Anti-Spamming Act
of 2001’’.
SEC. 2. PROTECTION FROM FRAUDULENT UNSOLICITED
E-MAIL.
Section 1030 of title 18, United States Code, is
amended—
(1) in subsection (a)(5)—
(A) by striking ‘‘or’’ at the end of subpara-
graph (B); and
(B) by inserting after subparagraph (C)
the following:
‘‘(D) intentionally and without authorization
initiates the transmission of a bulk unsolicited elec-
tronic mail message to a protected computer with
knowledge that such message falsifies an Internet
domain, header information, date or time stamp,
originating e-mail address, or other identifier; or
‘‘(E) intentionally sells or distributes any com-
puter program that—
‘‘(i) is designed or produced primarily for
the purpose of concealing the source or routing
information of bulk unsolicited electronic mail
messages in a manner prohibited by subpara-
graph (D) of this paragraph;
‘‘(ii) has only limited commercially signifi-
cant purpose or use other than to conceal such
source or routing information; or
‘‘(iii) is marketed by the violator or an-
other person acting in concert with the violator
and with the violator’s knowledge for use in
concealing the source or routing information of
such messages’’;
(2) in subsection (c)(2)(A)—
(A) by inserting ‘‘(i)’’ after ‘‘in the case of
an offense’’; and
(B) by inserting after ‘‘an offense punish-
able under this subparagraph;’’ the following:
‘‘or (ii) under subsection (a)(5)(D) or (a)(5)(E)
of this section which results in damage to a
protected computer’’;
(3) in subsection (c)(2)—
(A) by adding at the end the following:
‘‘(D) in the case of a violation of subsection
(a)(5) (D) or (E), actual monetary loss and statu-
tory damages of $15,000 per violation or an amount
of up to $10 per message per violation whichever is
greater; and’’; and
(B) by striking ‘‘and’’ at the end of sub-
paragraph (A);
(4) in subsection (e)—
(A) by striking ‘‘and’’ at the end of para-
graph (8);
(B) by striking the period at the end of
paragraph (9); and
(C) by adding at the end the following:
‘‘(10) the term ‘initiates the transmission’
means, in the case of an electronic mail message, to
originate the electronic mail message, and excludes
the actions of any interactive computer service whose
facilities or services are used by another person to
transmit, relay, or otherwise handle such message;
‘‘(11) the term ‘Internet domain’ means a spe-
cific computer system (commonly referred to as a
‘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 an ‘Internet domain
name’) and registered with an organization recog-
nized by the Internet industry as a registrant of
Internet domains;
‘‘(12) the term ‘unsolicited electronic mail mes-
sage’ means any substantially identical electronic
mail message other than electronic mail initiated by
any person to others with whom such person has a
prior relationship, including prior business relation-
ship, or electronic mail sent by a source to recipients
where such recipients, or their designees, have at
any time affirmatively requested to receive commu-
nications from that source; and
‘‘(13) the term ‘Internet’ means all computer
and telecommunications facilities, including equip-
ment and operating software, which comprise the
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
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,