a recipient within the United States after the expira-
tion, after receipt of such request, of a reasonable
period of time for removal from such lists. Such a
request shall be deemed to terminate a pre-existing
business relationship for purposes of determining
whether subsequent messages are unsolicited com-
mercial electronic mail messages.
(3) INCLUSION OF IDENTIFIER AND OPT-OUT IN
UNSOLICITED COMMERCIAL ELECTRONIC MAIL.—It
shall be unlawful for any person to initiate the
transmission of any unsolicited commercial electronic
mail message to any person within the United States
unless the message provides, in a manner that is
clear and conspicuous to the recipient—
(A) identification that the message is an
unsolicited commercial electronic mail message;
and
(B) notice of the opportunity under para-
graph (2) not to receive further unsolicited
commercial electronic mail messages from the
initiator.
(b) ENFORCEMENT OF POLICIES BY INTERNET AC-
CESS SERVICE PROVIDERS.—
(1) PROHIBITION OF TRANSMISSIONS IN VIOLA-
TION OF POSTED POLICY.—It shall be unlawful for
any person to initiate the transmission of an unsolic-
ited commercial electronic mail message to any per-
son within the United States in violation of a policy
governing the use of the equipment of a provider of
Internet access service for transmission of unsolic-
ited commercial electronic mail messages that meets
the requirements of paragraph (2).
(2) REQUIREMENTS
FOR
ENFORCEABILITY.—
The requirements under this paragraph for a policy
regarding unsolicited commercial electronic mail
messages are as follows:
(A) CLARITY.—The policy shall explicitly
provide that compliance with a rule or set of
rules is a condition of use of the equipment of
a provider of Internet access service to deliver
commercial electronic mail messages.
(B) PUBLICLY AVAILABILITY.—The policy
shall be publicly available by at least one of the
following methods:
(i) WEB
POSTING.—The policy is
clearly and conspicuously posted on a
World Wide Web site of the provider of
Internet access service, which has an Inter-
net domain name that is identical to the
Internet domain name of the electronic
mail address to which the rule or set of
rules applies.
(ii) NOTIFICATION
IN
COMPLIANCE
WITH TECHNOLOGICAL STANDARD.—Such
policy is made publicly available by the
provider of Internet access service in ac-
cordance with a technological standard
adopted by an appropriate Internet stand-
ards setting body (such as the Internet
Engineering Task Force) and recognized
by the Commission by rule as a fair stand-
ard.
(C) INTERNAL OPT-OUT LIST.—If the pol-
icy of a provider of Internet access service re-
quires compensation specifically for the trans-
mission of unsolicited commercial electronic
mail messages into its system, the provider
shall provide an option to its subscribers not to
receive any unsolicited commercial electronic
mail messages, except that such option is not
required for any subscriber who has agreed to
receive unsolicited commercial electronic mail
messages in exchange for discounted or free
Internet access service.
(3) OTHER
ENFORCEMENT.—Nothing in this
Act shall be construed to prevent or limit, in any
way, a provider of Internet access service from en-
forcing, pursuant to any remedy available under any
other provision of Federal, State, or local criminal or
civil law, a policy regarding unsolicited commercial
electronic mail messages.
(c) PROTECTION
OF INTERNET ACCESS SERVICE
PROVIDERS.—
(1) GOOD FAITH EFFORTS TO BLOCK TRANS-
MISSIONS.—A provider of Internet access service
shall not be liable, under any Federal, State, or local
civil or criminal law, for any action it takes in good
faith to block the transmission or receipt of unsolic-
ited commercial electronic mail messages.
(2) INNOCENT RETRANSMISSION.—A provider
of Internet access service the facilities of which are
used only to handle, transmit, retransmit, or relay
an unsolicited commercial electronic mail message
transmitted in violation of subsection (a) shall not
be liable for any harm resulting from the trans-
mission or receipt of such message unless such pro-
vider permits the transmission or retransmission of
such message with actual knowledge that the trans-
mission is prohibited by subsection (a) or subsection
(b)(1).
SEC. 6. ENFORCEMENT.
(a) GOVERNMENTAL ORDER.—
(1) NOTIFICATION OF ALLEGED VIOLATION.—
The Commission shall send a notification of alleged
violation to any person who violates section 5 if—
(A) a recipient or a provider of Internet
access service notifies the Commission, in such
form and manner as the Commission shall de-
termine, that a transmission has been received
in violation of section 5; or
(B) the Commission has other reason to
believe that such person has violated or is vio-
lating section 5.
(2) TERMS OF NOTIFICATION.—A notification
of alleged violation shall—
(A) identify the violation for which the no-
tification was issued;
(B) direct the initiator to refrain from fur-
ther violations of section 5;
(C) expressly prohibit the initiator (and
the agents or assigns of the initiator) from fur-
ther initiating unsolicited commercial electronic
mail messages in violation of section 5 to the
designated recipients or providers of Internet
access service, effective on the third day (ex-
cluding Saturdays, Sundays, and legal public
holidays) after receipt of the notification; and
(D) direct the initiator (and the agents or
assigns of the initiator) to delete immediately
the names and electronic mail addresses of the
designated recipients or providers from all mail-
ing lists owned or controlled by the initiator (or
such agents or assigns) and prohibit the
initiator (and such agents or assigns) from the
sale, lease, exchange, license, or other trans-
action involving mailing lists bearing the names
and electronic mail addresses of the designated
recipients or providers.
(3) COVERAGE OF MINOR CHILDREN BY NOTIFI-
CATION.—Upon request of a recipient of an elec-
tronic mail message transmitted in violation of sec-
tion 5, the Commission shall include in the notifica-
tion of alleged violation the names and electronic
mail addresses of any child of the recipient.
(4) ENFORCEMENT OF NOTIFICATION TERMS.—
(A) COMPLAINT.—If the Commission be-
lieves that the initiator (or the agents or as-
signs of the initiator) has failed to comply with