(1) ACTIONS BY INTERACTIVE COMPUTER SERV-
ICES.—Any interactive computer service that has
been adversely affected by a violation of section
2(a)(2) may recover in a civil action from the person
or entity that engaged in such violation such relief
as may be appropriate.
(2) ACTIONS BY RECIPIENTS.—Any person or
entity that has received an unsolicited bulk email
and been adversely affected by a violation of section
2 may recover in a civil action from the person or
entity that engaged in such violation such relief as
may be appropriate.
(b) RELIEF.—
(1) ACTIONS BY INTERACTIVE COMPUTER SERV-
ICES.—In an action under subsection (a)(1), appro-
priate relief includes—
(A) such preliminary and other equitable
or declaratory relief as may be appropriate, in-
cluding an injunction against future violations;
(B) actual monetary loss from a violation,
statutory damages of not more than the greater
of —
(i) $50 for each message delivered in
violation of section 2(a)(2); or
(ii) $10,000 for each day during
which the violation continues; and
(C) a reasonable attorney’s fee and other
litigation costs reasonably incurred.
(2) ACTIONS
BY
RECIPIENTS.—In an action
under 
subsection 
(a)(2), 
appropriate 
relief
includes—
(A) such preliminary and other equitable
or declaratory relief as may be appropriate, in-
cluding an injunction against future violations;
(B) actual monetary loss from a violation,
statutory damages of $50 for each message de-
livered in violation of section 2(a)(2); and
(C) a reasonable attorney’s fee and other
litigation costs reasonably incurred.
SEC. 5. DEFINITIONS.
For purposes of this Act:
(1) UNSOLICITED
BULK
ELECTRONIC
MAIL
MESSAGE.—The term ‘‘unsolicited bulk electronic
mail message’’ means any electronic mail message
initiated by any person for commercial purposes, ex-
cept for—
(A) electronic mail sent to others with
whom such person has a prior relationship, in-
cluding a prior business relationship; or
(B) electronic mail sent to a recipient if
such recipient, or someone authorized by them,
has at any time affirmatively requested to re-
ceive communications from that source.
(2) ELECTRONIC
MAIL
ADDRESS.—The term
‘‘electronic mail address’’ means a destination on the
Internet (commonly expressed as a string of char-
acters) to which electronic mail can be sent or deliv-
ered.
(3) INTERACTIVE
COMPUTER
SERVICE.—The
term ‘‘interactive computer service’’ has the meaning
given that term in section 230(e)(2) of the Commu-
nications Act of 1934 (47 U.S.C. 230(e)(2)).
(4) INTERNET
DOMAIN.—The term ‘‘Internet
domain’’ means a specific computer system (com-
monly referred to as a ‘‘host’’) or collection of com-
puter systems that the Internet can reference, that
are assigned a specific reference point on the Inter-
net (commonly referred to as an ‘‘Internet domain
name’’), and that are registered with an organiza-
tion that the Internet industry recognizes as a reg-
istrar of Internet domains.
(5) INITIATES THE TRANSMISSION.—The term
‘‘initiates the transmission,’’ in the case of an elec-
tronic mail message, means to originate the elec-
tronic mail message, and excludes the actions of any
interactive computer service whose facilities or serv-
ices are used by another person to transmit, relay,
or otherwise handle such message.
SEC. 6. EFFECTIVE DATE.
The provisions of this Act shall take effect 45 days
after the date of enactment of this Act.
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