I
106TH CONGRESS
2D SESSION
H. R. 4455
To require providers of electronic mailboxes to provide forwarding addresses.
IN THE HOUSE OF REPRESENTATIVES
MAY 15, 2000
Ms. SCHAKOWSKY introduced the following bill; which was referred to the
Committee on Commerce
A BILL
To require providers of electronic mailboxes to provide
forwarding addresses.
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 ‘‘Email Address For-
ward Act’’.
SEC. 2. UNFAIR COMPETITION IN ELECTRONIC MAIL.
(a) RULES REQUIRED.—
(1) IN GENERAL.—The Commission shall pre-
scribe rules in accordance with this Act to prevent
anticompetitive practices in the provision of elec-
tronic mail services by requiring any person who
provides an electronic mailbox for commercial pur-
poses to any subscriber to forward electronic mail to
that subscriber, or to provide a forwarding electronic
mail address for that subscriber, for 6 months after
the subscription to such mailbox is terminated. Such
rules shall permit a subscriber to decline to receive
forwarding or providing a forwarding address for
such electronic mail.
(2) EXEMPTIONS.—The regulations prescribed
by the Commission pursuant to paragraph (1) shall
exempt from the requirements of such regulations
electronic mail services provided by an employer or
principal to an employee or agent for the perform-
ance of functions on behalf of the employer or prin-
cipal.
(b) RULEMAKING.—The Commission shall prescribe
the rules under subsection (a) within 270 days after the
date of enactment of this Act. Such rules shall be pre-
scribed in accordance with section 553 of title 5, United
States Code.
(c) ENFORCEMENT.—Any violation of any rule pre-
scribed under subsection (a) shall be treated as a violation
of a rule respecting unfair or deceptive acts or practices
under section 5 of the Federal Trade Commission Act (15
U.S.C. 45). Notwithstanding section 5(a)(2) of such Act
(15 U.S.C. 45(a)(2)), communications common carriers
shall be subject to the jurisdiction of the Commission for
purposes of this title.
SEC. 3. ACTIONS BY STATES.
(a) IN GENERAL.—Whenever an attorney general of
any State has reason to believe that the interests of the
residents of that State have been or are being threatened
or adversely affected because any person has engaged or
is engaging in a pattern or practice which violates any rule
of the Commission under section 2(a), the State may bring
a civil action on behalf of its residents in an appropriate
district court of the United States to enjoin such pattern
or practice, to enforce compliance with such rule of the
Commission, to obtain damages on behalf of their resi-
dents, or to obtain such further and other relief as the
court may deem appropriate.
(b) NOTICE.—The State shall serve prior written no-
tice of any civil action under subsection (a) upon the Com-
mission 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 such
notice immediately upon instituting such action. Upon re-
ceiving a notice respecting a civil action, the Commission
shall have the right (1) to intervene in such action, (2)
upon so intervening, to be heard on all matters arising
therein, and (3) to file petitions for appeal.
(c) VENUE.—Any civil action brought under this sec-
tion in a district court of the United States may be
brought in the district wherein the defendant is found or
is an inhabitant or transacts business or wherein the viola-
tion occurred or is occurring, and process in such cases
may be served in any district in which the defendant is
an inhabitant or wherever the defendant may be found.
(d) INVESTIGATORY
POWERS.—For purposes of
bringing any civil action under this section, nothing in this
Act shall prevent the attorney general from exercising the
powers conferred on the attorney general by the laws of
such State to conduct investigations or to administer oaths
or affirmations or to compel the attendance of witnesses
or the production of documentary and other evidence.
(e) EFFECT
ON STATE COURT PROCEEDINGS.—
Nothing contained in this section shall prohibit an author-
ized State official from proceeding in State court on the
basis of an alleged violation of any general civil or criminal
antifraud statute of such State.
(f) LIMITATION.—Whenever the Commission has in-
stituted a civil action for violation of any rule or regulation
under this Act, no State may, during the pendency of such
action instituted by the Commission, subsequently insti-
tute a civil action against any defendant named in the
Commission’s complaint for violation of any rule as alleged
in the Commission’s complaint.
(g) ACTIONS BY OTHER STATE OFFICIALS.—
(1) Nothing contained in this section shall pro-
hibit an authorized State official from proceeding in
State court on the basis of an alleged violation of
any general civil or criminal statute of such State.
(2) In addition to actions brought by an attor-
ney general of a State under subsection (a), such an
action may be brought by officers of such State who
are authorized by the State to bring actions in such
State for protection of consumers and who are des-
ignated by the Commission to bring an action under
subsection (a) against persons that the Commission
has determined have or are engaged in a pattern or
practice which violates a rule of the Commission
under section 2(a).
SEC. 4. ADMINISTRATION AND APPLICABILITY OF TITLE.
(a) IN GENERAL.—Except as otherwise provided in
section 3, this title shall be enforced by the Commission
under the Federal Trade Commission Act (15 U.S.C. 41
et seq.). Consequently, no activity which is outside the ju-
risdiction of that Act shall be affected by this Act, except
for purposes of this title.
(b) ACTIONS BY THE COMMISSION.—The Commis-
sion shall prevent any person from violating a rule of the
Commission under section 2 in the same manner, by the
same means, and with the same jurisdiction, powers, and
duties as though all applicable terms and provisions of the
Federal Trade Commission Act (15 U.S.C. 41 et seq.)
were incorporated into and made a part of this title. Any
person who violates such rule shall be subject to the pen-
alties and entitled to the privileges and immunities pro-
vided in the Federal Trade Commission Act in the same
manner, by the same means, and with the same jurisdic-
tion, power, and duties as though all applicable terms and
provisions of the Federal Trade Commission Act were in-
corporated into and made a part of this title.
SEC. 5. DEFINITIONS.
For purposes of this Act:
(1) COMMISSION.—The term ‘‘Commission’’
means the Federal Trade Commission.
(2) COMMERCIAL
PURPOSES.—An electronic
mailbox is provided ‘‘for commercial purposes’’ re-
gardless of whether the provider solicits or receives
a subscription payment from the subscriber, if the
provider receive any consideration, directly or indi-
rectly, for the provision of electronic mail services.
(3) ATTORNEY GENERAL.—The term ‘‘attorney
general’’ means the chief legal officer of a State.
(4) STATE.—The term ‘‘State’’ means any
State of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, and any territory
or possession of the United States.
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