I
106TH CONGRESS
1ST SESSION
H. R. 2162
To prohibit the use of the equipment of an electronic mail service provider
to send unsolicited commercial electronic mail in contravention of the
provider’s posted policy and to prohibit unauthorized use of Internet
domain names.
IN THE HOUSE OF REPRESENTATIVES
JUNE 10, 1999
Mr. GARY MILLER of California (for himself, Mr. HOLT, Mr. METCALF, Mr.
ENGLISH, Mr. UNDERWOOD, Mr. PETERSON of Minnesota, Mr. CALVERT,
Mrs. MORELLA, and Mr. BAKER) introduced the following bill; which was
referred to the Committee on Commerce, and in addition to the Com-
mittee on the Judiciary, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned
A BILL
To prohibit the use of the equipment of an electronic mail
service provider to send unsolicited commercial electronic
mail in contravention of the provider’s posted policy and
to prohibit unauthorized use of Internet domain names.
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 ‘‘Can Spam Act’’.
SEC. 2. PROHIBITION REGARDING SPAMMING.
(a) IN GENERAL.—No person may use the equipment
of an electronic mail service provider, or cause such equip-
ment to be used, for transmission of unsolicited commer-
cial electronic mail in violation of a posted policy of such
provider.
(b) RULE OF CONSTRUCTION.—This section may not
be construed—
(1) to require any electronic mail service pro-
vider to establish, create, or have in effect any policy
regarding the use of the provider’s equipment; or
(2) to alter, limit, or restrict—
(A) the rights of an electronic mail service
provider under section 230(c)(1) of the Commu-
nications Act of 1934 (47 U.S.C. 230(c)(1));
(B) any decision of an electronic mail serv-
ice provider to permit or restrict access to or
use of its equipment; or
(C) any exercise of the editorial function of
an electronic mail service provider.
(c) CIVIL ACTION.—
(1) IN
GENERAL.—In addition to any other
remedy available under law, an electronic mail serv-
ice provider who suffers damage or loss by reason of
a violation of subsection (a) may bring a civil action
for relief under paragraph (2) in an appropriate dis-
trict court of the United States or State court.
(2) RELIEF.—If the court determines that a
violation of subsection (a) has occurred, the court
shall award damages in an amount equal to the
greater of—
(A) the actual monetary loss suffered by
the provider as a result of the violation; and
(B) the amount that is equal to $50 for
each use of the equipment of the provider that
constitutes such a violation, except that—
(i) the aggregate amount of damages
under this subparagraph for any single day
may not exceed $25,000; and
(ii) for purposes of this subparagraph,
each electronic mail message that uses the
equipment of an electronic mail service
provider shall be considered to be a sepa-
rate use of such equipment.
The court may also award injunctive relief or such
other equitable relief as the court considers appro-
priate, and shall award to the prevailing party rea-
sonable attorney’s fees and costs.
(d) DEFINITIONS.—For purposes of this section, the
following definitions shall apply:
(1) COMMERCIAL
ELECTRONIC
MAIL.—The
term ‘‘commercial electronic mail’’ means any elec-
tronic mail message, the principal purpose of which
is to promote, directly or indirectly, the sale or other
distribution of goods or services to the recipient.
(2) INTERNET.—The term ‘‘Internet’’ has the
meaning given such term in section 230(f) of the
Communications Act of 1934 (47 U.S.C. 230(f)).
(3) INTERNET
DOMAIN
NAME.—The term
‘‘Internet domain name’’ has the meaning given
such term in section 1030(e) of title 18, United
States Code.
(4) POSTED POLICY.—The term ‘‘posted policy’’
means a rule or set of rules established by an elec-
tronic mail service provider that—
(A) governs the use of the equipment of
the provider for transmission of commercial
electronic mail;
(B) explicitly provides that compliance
with such rule or set of rules is a condition of
use of such equipment of the provider by a reg-
istered user (including any guest of a registered
user); and
(C)(i) is clearly and conspicuously posted
on a World Wide Web site of an interactive
computer service whose Internet domain name
is identical to the Internet domain name of the
electronic mail address to which the rule or set
of rules applies;
(ii) prohibits such use and provides a send-
er of electronic mail notice of such prohibition
through the inclusion, in the initial banner mes-
sage that is automatically transmitted upon the
establishment of a connection to any standard
port for accepting electronic mail of any mail
host designated to receive mail for the provider
(which connection results from an attempt to
send any electronic mail), of a textual message
reading ‘‘NO UCE’’;
(iii) provides a sender of electronic mail
notice of such rule or set of rules through the
inclusion, in the initial banner message de-
scribed in clause (ii), of a textual message iden-
tifying a publicly available location or means
(which may include a telephone number, World
Wide Web site, or electronic mail address) at or
by which to access the entire rule or set of
rules, and that is in the following form: ‘‘UCE
POLICY AT ll’’ (the blank being filled in
with information identifying such location or
means of access); or
(iv) is otherwise publicly posted or other-
wise made publicly available by the electronic
mail service provider in a manner reasonably
designed to facilitate access to such rule or set
of rules by persons using the equipment of the
provider to transmit unsolicited commercial
electronic mail, at the time of such use.
(5) REGISTERED USER.—The term ‘‘registered
user’’ means any person that maintains an electronic
mail address with an electronic mail service provider.
(6) UNSOLICITED
COMMERCIAL
ELECTRONIC
MAIL.—The term ‘‘unsolicited commercial electronic
mail’’ means any commercial electronic mail that
is—
(A) addressed to a recipient with whom the
initiator of the mail does not have an existing
business or personal relationship; and
(B) not sent at the request of, or with the
express consent of, the recipient.
(e) PREEMPTION.—No State or political subdivision
thereof may establish, continue in effect, or enforce any
provision of law or regulation regarding the transmission
of unsolicited commercial electronic mail.
SEC. 3. CRIMINAL PENALTY FOR UNAUTHORIZED USE OF
INTERNET DOMAIN NAMES.
(a) PROHIBITION.—Section 1030(a) of title 18,
United States Code, is amended—
(1) in paragraph (7), by inserting ‘‘or’’ after
the semicolon at the end; and
(2) by inserting after paragraph (7) the fol-
lowing new paragraph:
‘‘(8) knowingly and without authorization uses
the Internet domain name of another person in con-
nection with the sending of one or more electronic
mail messages and, as a result of such conduct,
causes damage to a computer, computer system, or
computer network;’’.
(b) PENALTIES.—Section 1030(c) of title 18, United
States Code, is amended by adding at the end the fol-
lowing new paragraph:
‘‘(4)(A) a fine under this title, in the case of an
offense under subsection (a)(8) of this section, which
does not occur after a conviction for another offense
under such subsection or an attempt to commit an
offense punishable under this subparagraph; and
‘‘(B) a fine under this title or imprisonment for
not more than one year, or both, in the case of an
offense under subsection (a)(8) which occurs after a
conviction for another offense under such subsection,
or an attempt to commit an offense punishable
under this subparagraph.’’.
(c) DEFINITIONS.—Section 1030(e) of title 18,
United States Code, is amended—
(1) in paragraph (7), by striking ‘‘and’’ at the
end;
(2) in paragraph (8)—
(A) in subparagraph (A)—
(i) by inserting ‘‘(i) except as provided
in clause (ii),’’ after ‘‘(A)’’;
(ii) by inserting ‘‘or’’ after the semi-
colon at the end; and
(iii) by adding at the end the fol-
lowing new clause:
‘‘(ii) in the case of an offense under sub-
section (a)(8), causes any loss in value;’’; and
(B) by striking ‘‘and’’ at the end;
(3) in paragraph (9), by striking the period at
the end and inserting a semicolon; and
(4) by adding at the end the following new
paragraphs:
‘‘(10) the term ‘computer network’ means any
system that provides communications or transfer of
data between one or more computers or computer
systems and input or output devices, including dis-
play terminals and printers connected by tele-
communication facilities;
‘‘(11) the term ‘Internet’ has the meaning given
the term in section 230(f) of the Communications
Act of 1934 (47 U.S.C. 230(f)); and
‘‘(12) the term ‘Internet domain name’ means
a globally unique, hierarchical reference to an Inter-
net host or service that is attached to or able to be
referenced from the Internet, which—
‘‘(A) consists of a series of character
strings separated by periods, with the rightmost
character string specifying the top of the hier-
archy; and
‘‘(B) is assigned and registered through a
centralized naming authority recognized as a
registrant of such references.’’.
(d) PREEMPTION.—Section 1030 of title 18, United
States Code, is amended by adding at the end the fol-
lowing new subsection:
‘‘(i) PREEMPTION.—No State or political subdivision
thereof may establish, continue in effect, or enforce any
provision of law or regulation regarding the use of the
Internet domain name of another person in connection
with the sending of one or more electronic mail mes-
sages.’’.
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