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Union Calendar No. 43
107TH CONGRESS
1ST SESSION
H. R. 718
[Report No. 107–41, Parts I and II]
To protect individuals, families, and Internet service providers from unsolicited
and unwanted electronic mail.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 14, 2001
Mrs. WILSON (for herself, Mr. GREEN of Texas, Mr. GARY MILLER of Cali-
fornia, Mr. GOODLATTE, Mr. PICKERING, Mr. DEAL of Georgia, Mr.
LARGENT, Mr. FOSSELLA, Mr. WALDEN of Oregon, Mr. BRYANT, Mr.
TAUZIN, Mr. GILLMOR, Mr. FRELINGHUYSEN, Ms. CARSON of Indiana,
Mr. KILDEE, Mr. ENGLISH, Mr. LEVIN, Mr. SIMMONS, Ms. ESHOO, Mr.
HINCHEY, Mr. TERRY, Mr. RUSH, Mr. BONIOR, Mr. HORN, Mrs. EMER-
SON, Mr. ENGEL, Mrs. JO ANN DAVIS of Virginia, Ms. DEGETTE, Ms.
HARMAN, Mr. MOORE, Mr. SHIMKUS, Mr. BARRETT, Mr. BOUCHER, Mr.
GREENWOOD, Ms. MCCARTHY of Missouri, Mr. CRAMER, Mr. SESSIONS,
Mr. GORDON, Mr. SHOWS, Mr. FRANK, Ms. MCKINNEY, Mr. HOLT, Mr.
SANDLIN, Mr. SAWYER, Mr. STRICKLAND, Mr. WELLER, Mr. KING, Mr.
BAKER, Ms. HART, Mr. PITTS, Mr. UDALL of New Mexico, Mr. LUTHER,
Mr. REYES, Ms. PELOSI, Mr. FROST, Mr. EHRLICH, Mr. BURR of North
Carolina, Mr. ADERHOLT, Mr. WOLF, Mr. ISAKSON, Mrs. CUBIN, Mr.
BARTON of Texas, Mr. STEARNS, Mr. OXLEY, Ms. DUNN, Mr. HASTINGS
of Washington, Mr. STUPAK, and Mr. BLUNT) introduced the following
bill; which was referred to the Committee on Energy and Commerce, and
in addition to the Committee on the Judiciary, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
APRIL 4, 2001
Reported from the Committee on Energy and Commerce with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
APRIL 4, 2001
Referral to the Committee on the Judiciary extended for a period ending not
later than June 5, 2001
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JUNE 5, 2001
Additional sponsors: Mr. HALL of Texas, Mr. SKEEN, Mr. SKELTON, Mr.
SWEENEY, Mr. MCHUGH, Mr. HONDA, Mr. DAVIS of Florida, Mr.
BLUMENAUER, Mr. BENTSEN, Mr. RADANOVICH, Mr. HAYWORTH, Ms.
HOOLEY of Oregon, Mr. BALDACCI, Mrs. BIGGERT, Mr. THORNBERRY,
Ms. GRANGER, Ms. PRYCE of Ohio, Mr. HUNTER, Mr. CUNNINGHAM, Mr.
HAYES, Mr. WATKINS, Mr. EHLERS, Mr. DOOLITTLE, Mr. WHITFIELD,
Mr. BRADY of Texas, Mr. LEWIS of Kentucky, Ms. SCHAKOWSKY, Mr.
GRAHAM, Mr. CHABOT, Mr. FLAKE, Mr. ISSA, Mr. BERMAN, Mr.
CRENSHAW, Mr. LANGEVIN, Mr. RAMSTAD, Mr. GIBBONS, Ms. JACKSON-
LEE of Texas, Mr. SOUDER, Mr. GILMAN, Mr. DINGELL, Mr. DELAY,
Mr. BROWN of South Carolina, Mr. RILEY, Mr. GRUCCI, Mr. WALSH, Mr.
SHERWOOD, and Mr. SHUSTER
JUNE 5, 2001
Reported from the Committee on the Judiciary with an amendment, com-
mitted to the Committee of the Whole House on the State of the Union,
and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in boldface roman]
[For text of introduced bill, see copy of bill as introduced on February 14, 2001]
A BILL
To protect individuals, families, and Internet service
providers from unsolicited and unwanted electronic mail.
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 ‘‘Unsolicited Commercial
Electronic Mail Act of 2001’’.
SEC. 2. CONGRESSIONAL FINDINGS AND POLICY.
(a) FINDINGS.—The Congress finds the following:
(1) There is a right of free speech on the Inter-
net.
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(2) The Internet has increasingly become a crit-
ical mode of global communication and now presents
unprecedented opportunities for the development and
growth of global commerce and an integrated world-
wide economy. In order for global commerce on the
Internet to reach its full potential, individuals and
entities using the Internet and other online services
should be prevented from engaging in activities that
prevent other users and Internet service providers
from having a reasonably predictable, efficient, and
economical online experience.
(3) Unsolicited commercial electronic mail can
be an important mechanism through which businesses
advertise and attract customers in the online environ-
ment.
(4) The receipt of unsolicited commercial elec-
tronic mail may result in costs to recipients who can-
not refuse to accept such mail and who incur costs for
the storage of such mail, or for the time spent access-
ing, reviewing, and discarding such mail, or for both.
(5) Unsolicited commercial electronic mail may
impose significant monetary costs on Internet access
services, businesses, and educational and nonprofit
institutions that carry and receive such mail, as there
is a finite volume of mail that such providers, busi-
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(9) Because recipients of unsolicited commercial
electronic mail are unable to avoid the receipt of such
mail through reasonable means, such mail may in-
vade the privacy of recipients.
(10) In legislating against certain abuses on the
Internet, Congress should be very careful to avoid in-
fringing in any way upon constitutionally protected
rights, including the rights of assembly, free speech,
and privacy.
(b) CONGRESSIONAL DETERMINATION OF PUBLIC POL-
ICY.—On the basis of the findings in subsection (a), the
Congress determines that—
(1) there is substantial government interest in
regulation of unsolicited commercial electronic mail;
(2) Internet service providers should not be com-
pelled to bear the costs of unsolicited commercial elec-
tronic mail without compensation from the sender;
and
(3) recipients of unsolicited commercial elec-
tronic mail have a right to decline to receive or have
their children receive unsolicited commercial elec-
tronic mail.
SEC. 3. DEFINITIONS.
In this Act:
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(1) AFFILIATE.—The term ‘‘affiliate’’ means,
with respect to an entity, any other entity that—
(A) controls, is controlled by, or is under
common control with such entity; and
(B) provides marketing information to, re-
ceives marketing information from, or shares
marketing information with such entity.
(2) CHILDREN.—The term ‘‘children’’ includes
natural children, stepchildren, adopted children, and
children who are wards of or in custody of the parent,
who have not attained the age of 18 and who reside
with the parent or are under his or her care, custody,
or supervision.
(3) COMMERCIAL ELECTRONIC MAIL MESSAGE.—
The term ‘‘commercial electronic mail message’’
means any electronic mail message that primarily
advertises or promotes the commercial availability of
a product or service for profit or invites the recipient
to view content on an Internet web site that is oper-
ated for a commercial purpose. An electronic mail
message shall not be considered to be a commercial
electronic mail message solely because such message
includes a reference to a commercial entity that serves
to identify the initiator.
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(4) 
COMMISSION.—The 
term 
‘‘Commission’’
means the Federal Trade Commission.
(5) DOMAIN NAME.—The term ‘‘domain name’’
means any alphanumeric designation which is reg-
istered with or assigned by any domain name reg-
istrar, domain name registry, or other domain name
registration authority as part of an electronic address
on the Internet.
(6) ELECTRONIC MAIL ADDRESS.—
(A) IN
GENERAL.—The term ‘‘electronic
mail address’’ means a destination (commonly
expressed as a string of characters) to which elec-
tronic 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 or mailbox (commonly referred to as the
‘‘local part’’) and a reference to an Internet do-
main (commonly referred to as the ‘‘domain
part’’).
(7) FTC ACT.—The term ‘‘FTC Act’’ means the
Federal Trade Commission Act (15 U.S.C. 41 et seq.).
(8) INITIATE.—The term ‘‘initiate’’, when used
with respect to a commercial electronic mail message,
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means to originate such message or to procure the
origination of such message.
(9) INITIATOR.—The term ‘‘initiator’’, when used
with respect to a commercial electronic mail message,
means the person who initiates such message. Such
term does not include a provider of an Internet access
service, or any other person, whose role with respect
to the message is limited to the transmission, routing,
relaying, handling, or storing, through an automatic
technical process, of a message originated by others.
(10) INTERNET.—The term ‘‘Internet’’ has the
meaning given that term in section 231(e)(3) of the
Communications Act of 1934 (47 U.S.C. 231(e)(3)).
(11) INTERNET
ACCESS
SERVICE.—The term
‘‘Internet access service’’ has the meaning given that
term in section 231(e)(4) of the Communications Act
of 1934 (47 U.S.C. 231(e)(4)).
(12) RECIPIENT CONSENT.—The term ‘‘recipient
consent’’, when used with respect to a commercial
electronic mail message, means that—
(A) the message falls within the scope of an
express and unambiguous invitation or consent
granted by the recipient and not subsequently re-
voked;
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(B) the recipient had clear and conspicuous
notice, at the time such invitation or consent
was granted, of—
(i) the fact that the recipient was
granting the invitation or consent;
(ii) the scope of the invitation or con-
sent, including what types of commercial
electronic mail messages would be covered
by the invitation or consent and what send-
ers or types of senders, if any, other than
the party to whom the invitation or consent
was communicated would be covered by the
invitation or consent; and
(iii) a reasonable and effective mecha-
nism for revoking the invitation or consent;
and
(C) the recipient has not, after granting the
invitation or consent, submitted a request under
section 5(a)(1) not to receive unsolicited commer-
cial electronic mail messages from the initiator.
(13) PRE-EXISTING BUSINESS RELATIONSHIP.—
The term ‘‘pre-existing business relationship’’ means,
when used with respect to the initiator and recipient
of a commercial electronic mail message, that—
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(A) within the 5-year period ending upon
receipt of such message, there has been a business
transaction (including a transaction involving
the provision, free of charge, of information,
goods, or services, that were requested by the re-
cipient) between—
(i) the initiator or any affiliate of the
initiator; and
(ii) the recipient; and
(B) the recipient was, at the time of such
transaction or thereafter or in the transmission
of the commercial electronic mail message, pro-
vided a clear and conspicuous notice of an op-
portunity not to receive further messages from
the initiator and any affiliates of the initiator
and has not exercised such opportunity.
(14) RECIPIENT.—The term ‘‘recipient’’, when
used with respect to a commercial electronic mail
message, means the addressee of such message. If an
addressee of a commercial electronic mail message has
one or more electronic mail addresses in addition to
the address to which the message was addressed, the
addressee shall be treated as a separate recipient with
respect to each such address.
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(15) UNSOLICITED
COMMERCIAL
ELECTRONIC
MAIL MESSAGE.—The term ‘‘unsolicited commercial
electronic mail message’’ means any commercial elec-
tronic mail message that is sent to a recipient—
(A) without prior recipient consent; and
(B)(i) with whom the initiator does not
have a pre-existing business relationship;
(ii) by an initiator or any affiliate of the
initiator after the recipient requests, pursuant to
section 5(a)(1), not to receive further commercial
electronic mail messages from that initiator; or
(iii) by a person or any affiliate of the per-
son after the expiration of a reasonable period of
time after the recipient requests, pursuant to sec-
tion 5(a)(2), to be removed from the distribution
lists under the control of a person.
SEC. 4. CRIMINAL PENALTY FOR UNSOLICITED COMMER-
CIAL ELECTRONIC MAIL CONTAINING FRAUD-
ULENT ROUTING INFORMATION.
Section 1030 of title 18, United States Code, is
amended—
(1) in subsection (a)(5)—
(A) in subparagraph (B), by striking ‘‘or’’
at the end;
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(B) in subparagraph (C), by inserting ‘‘or’’
after the semicolon at the end; and
(C) by adding at the end the following new
subparagraph:
‘‘(D) intentionally initiates the transmission of
any unsolicited commercial electronic mail message to
a protected computer in the United States with
knowledge that any domain name, header informa-
tion, date or time stamp, originating electronic mail
address, or other information identifying the initiator
or the routing of such message, that is contained in
or accompanies such message, is false or inaccurate;’’;
(2) in subsection (c)(2)(A)—
(A) by inserting ‘‘(i)’’ after ‘‘in the case of’’;
and
(B) by inserting before ‘‘; and’’ the fol-
lowing: ‘‘, or (ii) an offense under subsection
(a)(5)(D) of this section’’; and
(3) 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 inserting ‘‘; and’’; and
(C) by adding at the end the following new
paragraph:
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‘‘(10) the terms ‘initiate’, ‘initiator’, ‘unsolicited
commercial electronic mail message’, and ‘domain
name’ have the meanings given such terms in section
3 of the Unsolicited Commercial Electronic Mail Act
of 2001.’’.
SEC. 5. OTHER PROTECTIONS AGAINST UNSOLICITED COM-
MERCIAL ELECTRONIC MAIL.
(a) REQUIREMENTS
FOR TRANSMISSION
OF MES-
SAGES.—
(1) INCLUSION OF RETURN ADDRESS IN COMMER-
CIAL ELECTRONIC MAIL.—It shall be unlawful for any
person or affiliate of such person to initiate the trans-
mission of a commercial electronic mail message to
any person within the United States unless such mes-
sage contains a valid electronic mail address, con-
spicuously displayed, to which a recipient may send
a reply to the initiator to indicate a desire not to re-
ceive any further messages from the initiator and any
affiliates of the initiator.
(2) PROHIBITION OF TRANSMISSION OF UNSOLIC-
ITED COMMERCIAL ELECTRONIC MAIL AFTER OBJEC-
TION.—If a recipient makes a request to a person to
be removed from all distribution lists under the con-
trol of such person, after receipt of such request—
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(2) UNFAIR OR DECEPTIVE PRACTICE.—Any vio-
lation of section 5 shall be treated as a violation of
a rule under section 18 of the FTC Act (15 U.S.C.
57a) regarding unfair or deceptive acts or practices.
(3) SCOPE OF COMMISSION ENFORCEMENT.—The
Commission shall prevent any person from violating
section 5 of this Act in the same manner, by the same
means, and with the same jurisdiction, powers, and
duties as though all applicable terms and provisions
of the FTC Act were incorporated into and made a
part of this section. Any person who violates section
5 of this Act shall be subject to the penalties and enti-
tled to the privileges and immunities provided in the
FTC Act in the same manner, by the same means,
and with the same jurisdiction, powers, and duties as
though all applicable terms and provisions of the FTC
Act were incorporated into and made a part of this
section.
(4) PROHIBITION OF REGULATIONS.—Neither the
Commission nor any other Federal department or
agency shall have any authority to issue any regula-
tions to implement the provisions of this Act.
(b) PRIVATE RIGHT OF ACTION.—
(1) ACTIONS
AUTHORIZED.—A recipient or a
provider of Internet access service may, if otherwise