TITLE III—SPAMMING
SEC. 301. REQUIREMENTS RELATING TO TRANSMISSIONS
OF UNSOLICITED COMMERCIAL ELECTRONIC
MAIL.
(a) INFORMATION TO BE INCLUDED
IN TRANS-
MISSIONS.—
(1) IN GENERAL.—A person who transmits an
unsolicited commercial electronic mail message shall
cause to appear in each such electronic mail message
the information specified in paragraph (2).
(2) COVERED INFORMATION.—The following in-
formation shall appear at the beginning of the body
of an unsolicited commercial electronic mail message
under paragraph (1):
(A) The name, physical address, electronic
mail address, and telephone number of the per-
son who initiates transmission of the message.
(B) The name, physical address, electronic
mail address, and telephone number of the per-
son who created the content of the message, if
different from the information under subpara-
graph (A).
(C) A statement that further transmissions
of unsolicited commercial electronic mail to the
recipient by the person who initiates trans-
mission of the message may be stopped at no
cost to the recipient by sending a reply to the
originating electronic mail address with the
word ‘‘remove’’ in the subject line.
(b) ROUTING INFORMATION.—All Internet routing
information contained within or accompanying an elec-
tronic mail message described in subsection (a) must be
accurate, valid according to the prevailing standards for
Internet protocols, and accurately reflect message routing.
(c) EFFECTIVE DATE.—The requirements in this sec-
tion shall take effect 30 days after the date of enactment
of this Act.
SEC. 302. FEDERAL OVERSIGHT OF UNSOLICITED COMMER-
CIAL ELECTRONIC MAIL.
(a) TRANSMISSIONS.—
(1) IN GENERAL.—Upon notice from a person
of the person’s receipt of electronic mail in violation
of a provision of section 301 or 305, the Commis-
sion—
(A) may conduct an investigation to deter-
mine whether or not the electronic mail was
transmitted in violation of such provision; and
(B) if the Commission determines that the
electronic mail was transmitted in violation of
such provision, may—
(i) impose upon the person initiating
the transmission a civil fine in an amount
not to exceed $15,000;
(ii) commence in a district court of
the United States a civil action to recover
a civil penalty in an amount not to exceed
$15,000 against the person initiating the
transmission;
(iii) commence an action in a district
court of the United States a civil action to
seek injunctive relief; or
(iv) proceed under any combination of
the authorities set forth in clauses (i), (ii),
and (iii).
(2) DEADLINE.—The Commission may not take
action under paragraph (1)(B) with respect to a
transmission of electronic mail more than 2 years
after the date of the transmission.
(b) ADMINISTRATION.—
(1) NOTICE
BY
ELECTRONIC
MEANS.—The
Commission shall establish an Internet web site with
an electronic mail address for the receipt of notices
under subsection (a).
(2) INFORMATION
ON
ENFORCEMENT.—The
Commission shall make available through the Inter-
net web site established under paragraph (1) infor-
mation on the actions taken by the Commission
under subsection (a)(1)(B).
(3) ASSISTANCE
OF
OTHER
FEDERAL
AGEN-
CIES.—Other Federal agencies may assist the Com-
mission in carrying out its duties under this section.
SEC. 303. ACTIONS BY STATES.
(a) IN GENERAL.—Whenever the attorney general of
a State has reason to believe that the interests of the resi-
dents of the State have been or are being threatened or
adversely affected because any person is engaging in a pat-
tern or practice of the transmission of electronic mail in
violation of a provision of section 301 or 305, the State,
as parens patriae, may bring a civil action on behalf of
its residents to enjoin such transmission, to enforce com-
pliance with such provision, to obtain damages or other
compensation on behalf of its residents, or to obtain such
further and other relief as the court considers appropriate.
(b) NOTICE TO COMMISSION.—
(1) NOTICE.—The State shall serve prior writ-
ten notice of any civil action under this section on
the Commission and provide the Commission with a
copy of its complaint, except that if it is not feasible
for the State to provide such prior notice, the State
shall serve written notice immediately on instituting
such action.
(2) RIGHTS OF COMMISSION.—On receiving a
notice with respect to a civil action under paragraph
(1), the Commission shall have the right—
(A) to intervene in the action;
(B) upon so intervening, to be heard in all
matters arising therein; and
(C) to file petitions for appeal.
(c) ACTIONS BY COMMISSION.—Whenever a civil ac-
tion has been instituted by or on behalf of the Commission
for violation of a provision of section 301 or 305, no State
may, during the pendency of such action, institute a civil
action under this section against any defendant named in
the complaint in such action for violation of any provision
as alleged in the complaint.
(d) CONSTRUCTION.—For purposes of bringing a civil
action under subsection (a), nothing in this section shall
prevent an attorney general from exercising the powers
conferred on the attorney general by the laws of the State
concerned to conduct investigations or to administer oaths
or affirmations or to compel the attendance of witnesses
or the production of documentary or other evidence.
(e) VENUE; SERVICE OF PROCESS.—Any civil action
brought under subsection (a) in a district court of the