I
107TH CONGRESS
1ST SESSION
H. R. 3146
To restrict the transmission of unsolicited electronic mail messages.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 16, 2001
Mr. SMITH of New Jersey introduced the following bill; which was referred
to the Committee on Energy and Commerce
A BILL
To restrict the transmission of unsolicited electronic mail
messages.
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 ‘‘Netizens Protection
Act of 2001’’.
SEC. 2. PROHIBITION OF INITIATION OF TRANSMISSION OF
UNSOLICITED ELECTRONIC MAIL.
(a) IN GENERAL.—No person may initiate, or cause
to be initiated, the transmission of an unsolicited elec-
tronic mail message in or affecting interstate or foreign
commerce if the message—
mail message was received or in which the defendant
is located.
(2) RELIEF.—In a civil action under this sub-
section, the court may—
(A) grant temporary and final injunctions
on such terms as it may deem reasonable to
prevent or restrain violations of subsection (a);
(B) award damages as described in para-
graph (3); and
(C) direct the recovery of full costs, includ-
ing awarding reasonable attorneys’ fees to an
aggrieved party who prevails.
(3) DAMAGES.—
(A) AMOUNT.—The amount of damages in
an action under this subsection for a violation
of subsection (a) may not exceed $500 for each
unsolicited electronic mail message the trans-
mission of which was initiated in violation of
such subsection. The court shall treble the
amount recovered under the preceding sentence
for any transmission of an unsolicited electronic
mail message to the aggrieved party in violation
of subsection (a) that the court finds was initi-
ated after the aggrieved party contacted the
initiator of the transmission to request that the
initiator not initiate further transmissions of
such mail to such person.
(B) 
RELATIONSHIP
TO
OTHER
DAM-
AGES.—Damages awarded under this para-
graph for a violation under subsection (a) are
in addition to any other damages awardable for
the violation under any other provision of law.
SEC. 3. RESTRICTIONS AGAINST USE OF INTERACTIVE
COMPUTER SERVICES TO INITIATE UNSOLIC-
ITED ELECTRONIC MAIL.
(a) STATEMENT OF POLICY.—Each interactive com-
puter service provider shall make available to each cus-
tomer of the interactive computer servicer of the provider
the policy of the provider regarding unsolicited electronic
mail, including any option the provider may have for the
customer to elect to receive or not to receive unsolicited
electronic mail and any other options customers may exer-
cise to restrict the receipt of unsolicited electronic mail.
Such policy shall be set forth in writing, in clear and un-
derstandable language, in the agreement for the provision
of the interactive computer service by the customer.
(b) VIOLATION OF POLICY AGAINST BULK MAIL.—
No customer of an interactive computer service provider
may use the equipment or facilities of the provider to ini-
tiate, or cause to be initiated, the bulk transmission of
an unsolicited electronic mail message if the policy re-
ferred to in subsection (a) of the provider prohibits the
initiation of such bulk transmissions.
(c) CAUSE OF ACTION.—
(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 subsection (b) may bring
a civil action in a district court of the United States
against a person who violates such subsection.
(2) RELIEF.—
(A) IN
GENERAL.—An action may be
brought under paragraph (1) to enjoin a viola-
tion of subsection (b), to obtain damages as
specified in subparagraph (B), or to obtain such
further and other relief as the court considers
appropriate.
(B) DAMAGES.—The amount of damages
in an action under this subsection for a viola-
tion of subsection (b) may not exceed $500 for
each unsolicited electronic mail message the
transmission of which was initiated in violation
of such subsection.
(C) RELATIONSHIP TO OTHER DAMAGES.—
Damages awarded under this paragraph for a
violation of subsection (b) are in addition to
any other damages awardable for the violation
under any other provision of law.
(D) COST AND FEES.—The court may, in
issuing any final order in any action brought
under this subsection, 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 this subsection 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.
SEC. 4. PROTECTION OF INTERACTIVE COMPUTER SERV-
ICE PROVIDERS.
(a) IN GENERAL.—An interactive computer service
provider who, in good faith, takes action to restrict or pre-
vent the receipt of unsolicited electronic mail by its cus-
tomers shall not be liable for any harm resulting from fail-
ure to prevent such receipt.
(b) RULE OF CONSTRUCTION.—Subsection (a) may
not be construed to prevent or restrict the liability of any
interactive computer service provider for any failure to
provide any services other than restriction or prevention
for customers of receipt of unsolicited electronic mail.
SEC. 5. DEFINITIONS.
For purposes of this Act, the following definitions
shall apply:
(1) BULK.—The term ‘‘bulk’’ means, with re-
spect to the transmission of an electronic mail mes-
sage, the transmission, within a 7-day period, of
such a message or messages that are identical or
substantially similar to 50 or more intended recipi-
ents.
(2) INITIATE THE TRANSMISSION.—The term
‘‘initiate the transmission’’ means, with respect to
an electronic mail, to originate the message, and
does not include the actions of any interactive com-
puter service whose facilities or services are used
only to relay, handle, or otherwise retransmit the
message.
(3) INTERACTIVE
COMPUTER
SERVICE.—The
term ‘‘interactive computer service’’ has the meaning
given such term in section 230(e) of the Commu-
nications Act of 1934 (47 U.S.C. 230(e)).
(4) INTERACTIVE
COMPUTER
SERVICE
PRO-
VIDER.—The term ‘‘interactive computer service
provider’’ means the provider of an interactive com-
puter service.
(5) RECIPIENT.—The term ‘‘recipient’’ means,
with respect to an electronic mail message, an indi-
vidual electronic mail address to which the message
is directed, without regard to whether such address
corresponds to a person, computer, list server, or
other automated electronic device.
(6) UNSOLICITED
ELECTRONIC
MAIL.—The
term ‘‘unsolicited electronic mail’’ means electronic
mail unless such mail is transmitted (A) to any per-
son with that person’s prior express invitation or
permission, or (B) to any person with whom the
sender has an established business or personal rela-
tionship.
SEC. 6. EFFECTIVE DATE.
This Act shall take effect upon the expiration of the
60-day period beginning on the date of the enactment of
this Act and shall apply to transmissions of electronic mail
initiated after the expiration of such period.
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