(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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