message with a subject heading that such person 
knows, or reasonably should know, is likely to mis-
lead a recipient, acting reasonably under the cir-
cumstances, about a material fact regarding the con-
tents or subject matter of the message. 
(d) AFFIRMATIVE DEFENSE.—A person who violates 
subsection (a) or (b) shall not be liable if—
(1)(A) the person has established and imple-
mented, with due care, reasonable practices and pro-
cedures to effectively prevent such violations; and 
(B) the violation occurred despite good faith ef-
forts to maintain compliance with such practices and 
procedures; or 
(2) within the 2-day period ending upon the ini-
tiation of the transmission of the unsolicited com-
mercial electronic mail message in violation of sub-
section (a) or (b), such person initiated the trans-
mission of such message, or one substantially similar 
to it, to less than 1,000 electronic mail addresses. 
SEC. 5. ENFORCEMENT. 
(a) IN GENERAL.—Section 4 of this Act shall be en-
forced by the Commission under the FTC Act. For pur-
poses of such Commission enforcement, a violation of this 
Act shall be treated as a violation of a rule under section
18 (15 U.S.C. 57a) of the FTC Act prohibiting an unfair 
or deceptive act or practice. 
(b) RULEMAKING.—Within 30 days after the date of 
enactment of this Act, the Commission shall institute a 
rulemaking proceeding concerning enforcement of this 
Act. The rules adopted by the Commission shall prevent 
violations of section 4 of this Act in the same manner, 
by the same means, and with the same jurisdiction, pow-
ers, and duties as though all applicable terms and provi-
sions of the FTC Act were incorporated into and made 
a part of this section, except that the rules shall also in-
clude—
(1) procedures to minimize the burden of sub-
mitting a complaint to the Commission concerning a 
violation of section 4 of this Act, including proce-
dures to allow the electronic submission of com-
plaints to the Commission; 
(2) civil penalties for violations of section 4 of 
this Act in an amount sufficient to effectively deter 
future violations and procedures to collect such pen-
alties if the Commission determines that a violation 
of section 4 of this Act has occurred; 
(3) procedures for the Commission to grant a 
reward of not less than 20 percent of the total civil 
penalty imposed to the first person that—
(A) identifies the person in violation of sec-
tion 4 of this Act; and 
(B) supplies information that leads to the 
successful collection of a civil penalty by the 
Commission; and 
(4) civil penalties for knowingly submitting a 
false complaint to the Commission. 
(c) REGULATIONS.—Not later than 180 days after 
the date of enactment of this Act, the Commission shall 
conclude the rulemaking proceeding initiated under sub-
section (b) and shall prescribe implementing regulations. 
SEC. 6. PRIVATE RIGHT OF ACTION. 
(a) ACTION AUTHORIZED.—A recipient of an unsolic-
ited commercial electronic mail message, or a provider of 
Internet access service, adversely affected by a violation 
of section 4 may bring a civil action in any district court 
of the United States with jurisdiction over the defendant 
to—
(1) enjoin further violation by the defendant; or 
(2) recover damages in an amount equal to—
(A) actual monetary loss incurred by the 
recipient or provider of Internet access service 
as a result of such violation; or 
(B) at the discretion of the court, the 
amount determined under subsection (b).
(b) STATUTORY DAMAGES.—For purposes of sub-
section (a)(2)(B), the amount determined under this sub-
section is the amount calculated by multiplying the num-
ber of willful, knowing, or negligent violations by an 
amount, in the discretion of the court, of up to $10. In 
determining the per-violation penalty under this sub-
section, the court shall take into account the degree of 
culpability, any history of prior such conduct, ability to 
pay, the extent of economic gain resulting from the viola-
tion, and such other matters as justice may require. 
(c) ATTORNEY FEES.—In any action brought pursu-
ant to subsection (a), the court may, in its discretion, re-
quire an undertaking for the payment of the costs of such 
action, and assess reasonable costs, including reasonable 
attorneys’ fees, against any party. 
SEC. 7. INTERNET ACCESS SERVICE PROVIDERS. 
Nothing in this Act shall be construed—
(1) to enlarge or diminish the application of 
chapter 121 of title 18, relating to when a provider 
of Internet access service may disclose customer 
communications or records; 
(2) to require a provider of Internet access 
service to block, transmit, route, relay, handle, or 
store certain types of electronic mail messages;
(3) to prevent or limit, in any way, a provider 
of Internet access service from adopting a policy re-
garding commercial electronic mail messages, includ-
ing a policy of declining to transmit certain types of 
commercial electronic mail messages, or from enforc-
ing such policy through technical means, through 
contract, or pursuant to any other provision of Fed-
eral, State, or local criminal or civil law; or 
(4) to render lawful any such policy that is un-
lawful under any other provision of law. 
SEC. 8. EFFECT ON OTHER LAWS. 
(a) FEDERAL LAW.—Nothing in this Act shall be 
construed to impair the enforcement of section 223 or 231 
of the Communications Act of 1934, chapter 71 (relating 
to obscenity) or 110 (relating to sexual exploitation of chil-
dren) of title 18, United States Code, or any other Federal 
criminal statute. 
(b) STATE LAW.—No State or local government may 
impose any civil liability for commercial activities or ac-
tions in interstate or foreign commerce in connection with 
an activity or action described in section 4 of this Act that 
is inconsistent with the treatment of such activities or ac-
tions under this Act, except that this Act shall not pre-
empt any civil remedy under State trespass, contract, or 
tort law or under any provision of Federal, State, or local
criminal law or any civil remedy available under such law 
that relates to acts of computer fraud or abuse arising 
from the unauthorized transmission of unsolicited com-
mercial electronic mail messages. 
SEC. 9. FTC STUDY. 
Not later than 24 months after the date of enactment 
of this Act, the Commission, in consultation with appro-
priate agencies, shall submit a report to the Congress that 
provides a detailed analysis of the effectiveness and en-
forcement of the provisions of this Act and the need, if 
any, for Congress to modify such provisions. 
SEC. 10. EFFECTIVE DATE. 
The provisions of this Act shall take effect 180 days 
after the date of the enactment of this Act, except that 
subsections (b) and (d) of section 5 shall take effect upon 
the date of the enactment of this Act.
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