I 
108TH CONGRESS 
1ST SESSION H. R. 2214
To prevent unsolicited commercial electronic mail. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 22, 2003
Mr. BURR (for himself, Mr. SENSENBRENNER, Mr. TAUZIN, Mr. GOODLATTE, 
Mr. UPTON, Ms. HART, Mr. STEARNS, and Mr. CANNON) introduced the 
following bill; which was referred to the Committee on Energy and Com-
merce, and in addition to the Committee on the Judiciary, for a period 
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To prevent unsolicited commercial electronic mail.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Reduction in Distribution of Spam Act of 2003’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows:
Sec. 1. Short title and table of contents. 
Sec. 2. Findings and determination of policy.
TITLE I—PROTECTIONS AGAINST CERTAIN COMMERCIAL 
ELECTRONIC MAIL 
Sec. 101. Restrictions on commercial electronic mail. 
Sec. 102. Private right of action for providers of Internet access service. 
Sec. 103. Actions by States. 
Sec. 104. Prohibition of class actions; attorney’s fees. 
Sec. 105. Enforcement by Federal Trade Commission. 
Sec. 106. Restrictions on other unsolicited transmissions. 
Sec. 107. Exclusiveness of remedies. 
TITLE II—AMENDMENTS TO TITLE 18, UNITED STATES CODE 
Sec. 201. Criminal penalties and related provisions. 
TITLE III—GENERAL PROVISIONS 
Sec. 301. Regulations and report. 
Sec. 302. Effect on other laws. 
Sec. 303. Study of effects of Act. 
Sec. 304. Definitions. 
Sec. 305. Effective date.
SEC. 2. FINDINGS AND DETERMINATION OF POLICY. 
(a) FINDINGS.—The Congress finds the following: 
(1) Electronic mail (email) has rapidly become 
an integral means of commercial and personal com-
munication and presents unprecedented opportuni-
ties for the development and growth of frictionless 
global commerce. 
(2) With the increasingly accepted use of email 
has come the explosion of unsolicited commercial 
electronic mail (UCE), also known as spam, which 
is flooding the arteries of critical communications 
networks and servers and threatening the viability of 
email as a primary communications medium. 
(3) Internet observers and experts are con-
cerned about the effect of the increasing abundance 
of UCE on network bandwidth, network storage
costs, user productivity, and legal vulnerability to re-
duce functionality of global networks. UCE currently 
comprises nearly 40 percent of all email activity, up 
from 8 percent in 2001. 
(4) UCE poses network security risks to busi-
nesses and governments because of the introduction 
of viruses and malicious code delivered via UCE 
messages. 
(5) The increasing prevalence of UCE has led 
to a decreased level of consumer trust for legitimate 
email marketers and decreased willingness of end 
users to test new advertising formats, thus affecting 
potential for all forms of advertising in an already 
depressed marketplace. 
(6) For the Internet to maintain and build 
upon its commercial growth, users must have con-
fidence in the security and usability of this electronic 
medium. But ‘‘e-commerce’’ is still in its infancy and 
any legislation or regulation regarding email must be 
narrowly tailored to deal with real problems. 
(7) While some senders of UCE provide simple 
and reliable ways for recipients to reject (or ‘‘opt-
out’’ of) receipt of future UCE from such senders, 
other senders provide no such ‘‘opt-out’’ mechanism,
or refuse to honor the repeated requests of recipients 
not to receive UCE. 
(8) UCE frequently contains fraudulent claims 
or sexually explicit material. UCE with this type of 
content merits additional restrictions and penalties. 
(9) An increasing number of senders of UCE 
purposefully include misleading information or dis-
guise the source of such email, which prevents re-
cipients from recognizing UCE and impedes ISPs’ 
ability to identify the source of disruption to their 
communications networks. There is no legitimate 
reason to falsify the header information accom-
panying commercial email and these actions in some 
cases merit criminal penalties. 
(10) Such intentionally misleading information 
can also evade UCE filtering technology at both an 
ISP level as well as at the end user level. Filtering 
technology is one of the best methods to provide 
comprehensive protection to ISPs’ communications 
networks and to the end user. But in the absence of 
alternative solutions, UCE filters attempting to 
catch more spam are unwittingly blocking an in-
creasing amount of personal and commercial email 
that end users actually want and need to receive.
(11) In making good faith efforts to protect 
their citizens from the truly interstate phenomenon 
of spam, some States have inadvertently set up mul-
tiple and conflicting regimes governing commercial 
email that make it difficult for legitimate commer-
cial emailers to comply but do little to stop egregious 
spammers. 
(12) Federal Government action is necessary to 
preserve the communications networks that sustain 
the digital economy and protect consumers. But ulti-
mately, government action can only solve part of the 
problem and must be combined with technological 
solutions, customer awareness, and trusted sender 
cooperative agreements between legitimate senders 
and ISPs to effectively curb UCE. 
(b) CONGRESSIONAL DETERMINATION
OF PUBLIC 
POLICY.—On the basis of the findings in subsection (a), 
the Congress determines that—
(1) there is substantial government interest in 
regulation of UCE; 
(2) senders of UCE should not mislead recipi-
ents or disguise the electronic source of the elec-
tronic mail message, nor send sexually explicit 
emails without appropriate warnings;
(3) recipients of UCE should be able to recog-
nize UCE and have an opportunity to decline to re-
ceive additional UCE from the same source; and 
(4) ISPs, recipients of UCE, and others af-
fected by UCE also have a right to use technological 
measures to protect their networks and computers 
from receiving unwanted or harmful commercial 
electronic mail. 
TITLE I—PROTECTIONS AGAINST 
CERTAIN COMMERCIAL ELEC-
TRONIC MAIL 
SEC. 101. RESTRICTIONS ON COMMERCIAL ELECTRONIC 
MAIL. 
(a) REQUIRED INCLUSIONS
IN ALL COMMERCIAL 
ELECTRONIC MAIL.—
(1) IN GENERAL.—No person may initiate in 
interstate commerce the transmission, to a covered 
computer, of any commercial electronic mail message 
unless the message contains all of the following: 
(A) IDENTIFICATION.—Clear and con-
spicuous identification that the message is an 
advertisement or solicitation.
(B) NOTICE OF OPT-OUT OPPORTUNITY.—
Clear and conspicuous notice of the opportunity 
under subparagraph (C) to decline to receive fu-
ture unsolicited commercial electronic mail mes-
sages from the sender. 
(C) MECHANISM
TO
OPT-OUT.—A func-
tioning return electronic mail address or other 
Internet-based mechanism, clearly and con-
spicuously displayed, that—
(i) a recipient may use to submit, in 
a manner specified by the sender, a reply 
electronic mail message or other form of 
Internet-based communication requesting 
not to receive any future unsolicited com-
mercial electronic mail messages from that 
sender at the electronic mail address where 
the message was received; and 
(ii) remains capable of receiving such 
messages or communications for not less 
than 30 days after the transmission of the 
original message. 
(D) STREET ADDRESS.—A valid physical 
street address of the sender. 
(2) MORE DETAILED REQUESTS POSSIBLE.—In 
a commercial electronic mail message complying 
with the requirements of paragraph (1)(C), the 
sender may also include, in the message, options for 
the recipient to submit more detailed requests con-
cerning the types of commercial electronic mail mes-
sages that the recipient does or does not wish to re-
ceive in the future from the sender, based upon 
products, services, divisions, organizations, compa-
nies, or other selections. 
(3) TEMPORARY INABILITY TO RECEIVE MES-
SAGES.—A return electronic mail address or other 
mechanism does not fail to comply with the require-
ments of paragraph (1)(C) if it is unexpectedly and 
temporarily unable to receive messages due to tech-
nical or capacity problems, if the problem with re-
ceiving messages is corrected within a reasonable 
time period. 
(b) PROHIBITION OF TRANSMISSION OF UNSOLIC-
ITED COMMERCIAL ELECTRONIC MAIL AFTER OBJEC-
TION.—If a recipient makes a request to a sender, by 
using a mechanism described in subsection (a)(1)(C), not 
to receive some or any unsolicited commercial electronic 
mail messages from such sender—
(1) the sender may not initiate the transmission 
to the recipient, during the 3-year period beginning 
10 business days after the receipt of such request, 
of an unsolicited commercial electronic mail message 
that falls within the scope of the request, except that 
during the 6-month period beginning on the effective
ing the electronic mail address of the recipient) for 
any purpose other than compliance with this Act or 
any other provision of law. 
(c) PROHIBITION OF TRANSMISSION OF COMMERCIAL 
ELECTRONIC MAIL WITH FRAUDULENT HEADER INFOR-
MATION.—No person may initiate in interstate commerce 
the transmission, to a covered computer, of a commercial 
electronic mail message that contains or is accompanied 
by header information that is false or misleading (includ-
ing header information that uses a third party’s domain 
name without the third party’s permission). For purposes 
of this subsection, header information that includes an 
originating electronic mail address the use of which in con-
nection with the message was not authorized by a legiti-
mate holder of the address, or access to which was ob-
tained by means of false or fraudulent pretense or rep-
resentations, shall be considered misleading. 
(d) PROHIBITION OF TRANSMISSION OF COMMER-
CIAL ELECTRONIC MAIL FROM ILLEGALLY HARVESTED 
ELECTRONIC MAIL ADDRESSES.—
(1) IN GENERAL.—No person may initiate in 
interstate commerce the transmission, to a covered 
computer, of a commercial electronic mail message 
that is prohibited under subsection (a), (b), or (c) or 
assist in the origination of such a message through
the provision or selection of electronic mail addresses 
to which the transmission of such message is initi-
ated, if such person knows, should have known, or 
consciously avoids knowing, that—
(A) the electronic mail address of the re-
cipient was obtained, using an automated 
means, from an Internet website or proprietary 
online service operated by another person, with-
out the authorization of that person; and 
(B) the website or proprietary online serv-
ice from which the address was obtained in-
cluded, at the time the address was obtained, a 
notice stating that the operator of such a 
website or proprietary online service will not 
give, sell, or otherwise transfer addresses main-
tained by such site or service to any other party 
for the purpose of initiating, or enabling others 
to initiate, commercial electronic mail messages.
(2) DISCLAIMER.—Nothing in this subsection 
creates an ownership or proprietary interest in such 
electronic mail addresses.
(e) SAVINGS PROVISION
FOR GLBA.—Subsection 
(b)(4) of this section shall not apply to prohibit a disclo-
sure by a financial institution of nonpublic personal infor-
mation that is permissible under title V of the Gramm-
Leach-Bliley Act (15 U.S.C. 6801 et seq.) and the regula-
tions thereunder. 
SEC. 102. PRIVATE RIGHT OF ACTION FOR PROVIDERS OF 
INTERNET ACCESS SERVICE. 
(a) AUTHORIZATION.—A provider of Internet access 
service adversely affected by—
(1) a pattern or practice of violations of section 
101(b) or the regulations prescribed under such sec-
tion; or 
(2) a violation of subsection (c) or (d) of section 
101 or the regulations prescribed under such sub-
section, 
may bring, in an appropriate district court of the United 
States, either or both of the civil actions under subsection 
(b). 
(b) CIVIL ACTIONS.—The civil actions under this 
subsection are as follows: 
(1) INJUNCTION.—An action to enjoin the de-
fendant from further engaging in such pattern or 
practice or committing any further violation, as ap-
propriate. 
(2) MONETARY DAMAGES.—An action to obtain 
damages in an amount equal to the greater of—
(A) the actual monetary loss incurred by 
the provider of Internet access service as a re-
sult of such violation; or 
(B) the amount determined under sub-
section (c). 
(c) STATUTORY DAMAGES.—
(1) VIOLATIONS OF PROTECTION FOR RECIPI-
ENTS.—In the case of a violation of section 101(b) 
or the regulations prescribed under such section: 
(A) DAMAGES PER VIOLATION.—Except as 
provided in subparagraphs (B), (C), and (D), 
the amount determined under this subsection is 
$10 for each separate electronic mail address to 
which is initiated, in violation of such sub-
section, the transmission of a commercial elec-
tronic mail message, over the facilities of the 
provider of Internet access service. 
(B) LIMITATION.—Except as provided in 
subparagraphs (C) and (D), for each commer-
cial electronic mail message the transmission of 
which is unlawfully initiated and that is ad-
dressed to multiple electronic mail addresses, 
the amount determined under subparagraph (A) 
may not exceed $500,000.
(C) TREBLE DAMAGES FOR INTENTIONAL 
VIOLATIONS.—If the court finds in an action 
under this section that the defendant committed 
the violation willfully or knowingly, the court 
may, in its discretion, increase the amount of 
the limitation under subparagraph (B) to an 
amount equal to not more than three times the 
amount otherwise available under such subpara-
graph, not to exceed $1,500,000. In making a 
determination with regard to the amount of an 
increase under this subparagraph, the court 
shall take into consideration whether violation 
involved use of automated means to generate 
electronic mail addresses based on permutations 
of combining of names, letters, or numbers. 
(D) REDUCTION.—
(i) IN
GENERAL.—Subject to clause 
(ii), the court shall reduce the amount 
under subparagraph (A) for each violation 
if the court determines that—
(I) the defendant established and 
implemented, with due care, reason-
able practices and procedures in-
tended to prevent such violations; and
(II) such violations occurred de-
spite good faith efforts to maintain 
compliance with such practices and 
procedures. 
(ii) LIMITATION.—If the amount oth-
erwise determined under this paragraph 
exceeds $75,000, the court may not reduce 
the amount under subparagraph (A) for 
each violation such that the amount deter-
mined under this paragraph is less than 
$75,000. 
(2) VIOLATIONS
OF
PROTECTIONS
FOR
PRO-
VIDERS OF INTERNET ACCESS SERVICE.—In the case 
of a violation of subsection (c) or (d) of section 101 
or the regulations prescribed under such subsection, 
the amount determined under this subsection is $50 
for each separate electronic mail address to which 
the transmission of a commercial electronic mail 
message is initiated in violation of such subsection.
SEC. 103. ACTIONS BY STATES. 
(a) CIVIL ACTION.—Except as provided in subsection 
(c), in any case in which the attorney general of a State, 
or an official or agency of a State, has reason to believe 
that any person has engaged or is engaging in a pattern 
or practice of initiating transmissions to residents of that
State that violates subsection (c) or (d) of section 101 or 
the regulations prescribed under such subsection, the at-
torney general, official, or agency of the State may bring 
either or both of the following civil actions on behalf of 
its residents: 
(1) INJUNCTION.—An action to enjoin the de-
fendant from further engaging in such pattern or 
practice. 
(2) MONETARY DAMAGES.—An action to obtain 
damages on behalf of residents of the State, in an 
amount equal to the greater of—
(A) the actual monetary loss suffered by 
such residents; or 
(B) the amount determined under sub-
section (b). 
(b) STATUTORY DAMAGES.—
(1) PER
VIOLATION.—Except as provided in 
paragraphs (2) and (3), for purposes of subsection 
(a)(2)(B), the amount determined under this sub-
section is $100 for each separate electronic mail ad-
dress to which the transmission of a commercial 
electronic mail message is initiated in violation of 
the subsections or regulations referred to in sub-
section (a).
(2) LIMITATION.—For each commercial elec-
tronic mail message the transmission of which is un-
lawfully initiated and that is addressed to multiple 
electronic mail addresses, the amount determined 
under paragraph (1) may not exceed—
(A) except as provided in subparagraph 
(B), $1,000,000; or 
(B) in any case in which the court in-
creases the amount of the award pursuant to 
paragraph (3), $3,000,000. 
(3) TREBLE DAMAGES.—Subject to paragraph 
(2)(B), in an action under this section, the court 
may, in its discretion, increase the amount of the 
award to an amount equal to not more than three 
times the amount otherwise available under para-
graph (1). In making a determination under this 
paragraph, the court shall take into consideration 
the nature, circumstances, extent, and gravity of the 
violation involved, including the following factors: 
(A) The volume of electronic mail involved 
in the violation. 
(B) The manner in which the violation was 
perpetrated. 
(C) Whether the violation involved a viola-
tion of any other provision of Federal law.
(D) The extent of economic gain resulting 
from the violation. 
(E) Any history of prior violations by the 
violator. 
(F) Whether violation involved use of auto-
mated means to generate electronic mail ad-
dresses based on permutations of combining of 
names, letters, or numbers. 
(G) Such other factors as justice may re-
quire. 
(c) LIMITATION IN CASES OF FEDERAL ACTION.—
If the Commission has commenced an administrative or 
civil action for a violation of subsection (c) or (d) of sec-
tion 101 or the regulations prescribed under such sub-
section, with respect to any conduct, or for a violation of 
section 622 of title 18, United States Code, with respect 
to any conduct, or the Attorney General has commenced 
a criminal proceeding or civil action for a violation of sec-
tion 622 of title 18, United States Code, with respect to 
any conduct, no State may bring an action under this sec-
tion with respect to the same conduct. 
(d) 
EXCLUSIVE
JURISDICTION
OF
FEDERAL 
COURTS.—The district courts of the United States, the 
United States courts of any territory, and the District 
Court of the United States for the District of Columbia
shall have exclusive jurisdiction over all civil actions 
brought under this section. Upon proper application, such 
courts shall also have jurisdiction to issue writs of man-
damus, or orders affording like relief, commanding the de-
fendant to comply with the provisions of subsection (c) or 
(d) of section 101 or the regulations prescribed under such 
section, including the requirement that the defendant take 
such action as is necessary to remove the danger of such 
violation. Upon a proper showing, a permanent or tem-
porary injunction or restraining order shall be granted 
without bond. 
(e) NOTICE
TO COMMISSION
OF STATE ACTION; 
INTERVENTION.—The State shall serve prior written no-
tice of any civil action under this section upon the Com-
mission and provide the Commission with a copy of its 
complaint, except in any case where such prior notice is 
not feasible, in which case the State shall serve such notice 
immediately upon instituting such action. The Commis-
sion shall have the right to intervene in the action, upon 
so intervening, to be heard on all matters arising in the 
action, and to file petitions for appeal. 
(f) VENUE AND SERVICE OF PROCESS.—Any civil ac-
tion brought under this section in a district court of the 
United States may be brought in any district court of the 
United States that meets applicable requirements relating
to venue under section 1391 of title 28, United States 
Code. 
(g) INVESTIGATORY
POWERS.—For purposes of 
bringing any civil action under this section, nothing in this 
Act shall prevent the attorney general of a State, or an 
official or agency of a State, from exercising the powers 
conferred on the attorney general, official, or agency by 
the laws of such State to conduct investigations or to ad-
minister oaths or affirmations or to compel the attendance 
of witnesses or the production of documentary and other 
evidence. 
SEC. 104. PROHIBITION OF CLASS ACTIONS; ATTORNEY’S 
FEES. 
(a) PROHIBITION OF CLASS ACTIONS.—A civil action 
arising under section 102 or 103 may not be brought as 
a plaintiff class action pursuant to the Federal Rules of 
Civil Procedure. 
(b) COSTS AND ATTORNEY’S FEES.—In any action 
brought under section 102 or 103, the court may, in its 
discretion, require an undertaking for the payment of 
costs of such action, and assess reasonable costs, including
reasonable attorneys’ fees, against any party found in the 
action to have committed a violation on which the action 
was based.
SEC. 105. ENFORCEMENT BY FEDERAL TRADE COMMIS-
SION. 
The same powers and authorities by which the Fed-
eral Trade Commission and the Attorney General enforce 
compliance, by persons subject to the jurisdiction of the 
Commission under the Federal Trade Commission Act, 
with the provisions of such Act and the regulations issued 
thereunder by the Commission, shall be available to the 
Commission and the Attorney General to enforce compli-
ance, by all persons, with the provisions of section 101 
of this Act and the regulations issued under such section. 
For purposes of exercising such powers and authorities to 
enforce compliance with rules issued under section 101 of 
this Act, such rules shall be treated as having been issued 
under section 18 of the Federal Trade Commission Act 
(notwithstanding issuance in accordance with section 
301(a) of this Act). 
SEC. 106. RESTRICTIONS ON OTHER UNSOLICITED TRANS-
MISSIONS. 
(a) CLARIFICATION REGARDING LOCATION OF ORIGI-
NATOR.—Section 227(b)(1) of the Communications Act of 
1934 (47 U.S.C. 227(b)(1)) is amended, in the matter 
preceding subparagraph (A), by inserting ‘‘, or any person 
outside the United States if the recipient is within the 
United States’’ after ‘‘United States’’.
(b) CLARIFICATION REGARDING PROHIBITION
OF 
SENDING UNSOLICITED FAX ADVERTISEMENTS.—Section 
227(b)(1)(C) of the Communications Act of 1934 (47 
U.S.C. 227(b)(1)(C)) is amended by inserting ‘‘, or hire, 
employ, contract, or otherwise cause someone else to use,’’ 
after ‘‘to use’’. 
SEC. 107. EXCLUSIVENESS OF REMEDIES. 
The remedies of this title are the exclusive civil rem-
edies for violations of section 101. 
TITLE II—AMENDMENTS TO 
TITLE 18, UNITED STATES CODE 
SEC. 201. CRIMINAL PENALTIES AND RELATED PROVI-
SIONS. 
(a) IN GENERAL.—Part I of title 18, United States 
Code, is amended by inserting after chapter 29 the fol-
lowing: 
‘‘CHAPTER 30—ELECTRONIC MAIL
‘‘Sec. 
‘‘621. Definitions for chapter. 
‘‘622. Falsifying sender’s identity in commercial electronic mail. 
‘‘623. Failure to place warning labels on unsolicited commercial electronic mail 
containing sexually oriented material. 
‘‘624. Criminal penalties for violation of certain sections. 
‘‘625. Illicit harvesting of electronic mail addresses. 
‘‘626. Civil enforcement of chapter.
‘‘§ 621. Definitions for chapter 
‘‘In this chapter, the following definitions apply: 
‘‘(1) COMMERCIAL
ELECTRONIC
MAIL
MES-
SAGE.—
‘‘(A) GENERALLY.—The term ‘commercial 
electronic mail message’ means an electronic 
mail message the primary purpose of which is 
the commercial advertisement or promotion of a 
product or service. 
‘‘(B) 
REFERENCE
TO
COMPANY
OR 
WEBSITE.— The inclusion of a reference to a 
commercial entity or a link to the website of a 
commercial entity in an electronic mail message 
does not, by itself, indicate that the primary 
purpose of the message is the commercial ad-
vertisement or promotion of a product or serv-
ice. 
‘‘(2) ELECTRONIC MAIL MESSAGE.—The term 
‘electronic mail message’ means a message as trans-
mitted to an electronic mail address. 
‘‘(3) CONSENT.—
‘‘(A) IN
GENERAL.—The term ‘consent’, 
when used with respect to a commercial elec-
tronic mail message, means that—
‘‘(i) the recipient has expressly con-
sented to receive the message, either in re-
sponse to a clear and conspicuous request 
for such consent or through an affirmative
request to receive such message or mes-
sages; and 
‘‘(ii) the recipient has not subse-
quently made a request, by using a mecha-
nism described in section 101(a)(1)(C) of 
the Reduction in Distribution of Spam Act 
of 2003, not to receive such message or 
not to receive messages of a scope within 
which such message falls. 
‘‘(B) MESSAGES FROM THIRD PARTIES.—
Such term includes consent to receipt of a mes-
sage from a third party pursuant to transfer of 
the recipient’s electronic mail address, but only 
if the recipient was provided with clear and con-
spicuous notice that such transfer could occur. 
‘‘(C) MESSAGES TO PREVIOUS HOLDER OF 
ELECTRONIC MAIL ADDRESS.—In the case of a 
commercial electronic mail message transmitted 
or delivered to a recipient at an electronic mail 
address that has been reassigned to the recipi-
ent from a previous user, such recipient shall be 
considered for purposes of this definition to 
have consented to receipt of such messages at
such address to the same extent as the previous 
authorized user or users of such address unless
the sender of the message has actual knowledge 
that the address has been so reassigned or of 
a request under subclause (A)(ii) by the recipi-
ent. 
‘‘(D) TIMING.—Consent shall be consid-
ered to be given, for purposes of this definition, 
at the time such consent is received by the 
sender. 
‘‘(4) HEADER INFORMATION.—The term ‘head-
er information’ means the source, destination, and 
routing information attached to an electronic mail 
message, including the originating domain name and 
originating electronic mail address. 
‘‘(5) PROTECTED COMPUTER.—The term ‘pro-
tected computer’ means a computer described in sec-
tion 1030(e)(2)(B). 
‘‘(6) STATE.—The term ‘State’ includes the 
District of Columbia, Puerto Rico, and any other 
territory or possession of the United States. 
‘‘(7) UNSOLICITED
COMMERCIAL
ELECTRONIC 
MAIL MESSAGE.—The term ‘unsolicited commercial 
electronic mail message’ means any commercial elec-
tronic mail message that is transmitted to a recipi-
ent without the recipient’s prior consent.
‘‘§ 622. Falsifying sender’s identity in commercial 
electronic mail. 
‘‘(a) IN GENERAL.—Whoever intentionally sends to 
a covered computer a commercial electronic mail message 
that the sender knows falsifies the sender’s identity shall 
be punished as provided in section 624. 
‘‘(b) METHODS OF FALSIFYING IDENTITY.—For the 
purposes of subsection (a), an identity may be falsified by 
any means, and the following conduct shall be considered 
to be a falsification of identity: 
‘‘(1) By accompanying the message with header 
information that is false as to the identity of the 
sender (including header information that uses a 
third party’s domain name without the third party’s 
permission) or as to the routing of the message. 
‘‘(2) By accessing a covered computer or com-
puter network without authorization or exceeding 
authorized access and, by means of such conduct, 
sending, from or through that computer or network, 
the message that falsifies the identity of the sender. 
‘‘(3) Registering, using information that fal-
sifies the identity of the registrant, for multiple elec-
tronic mail accounts or domain names, and sending 
the message from those accounts, or from or adver-
tising those domain names, but failing to include in
a conspicuous form in the message the identity and 
current contact information of the sender. 
‘‘(c) AFFIRMATIVE DEFENSE.—It is an affirmative 
defense to a prosecution for an offense under subsection 
(a), which the defendant must prove by a preponderance 
of the evidence, that the defendant sent fewer than 100 
messages of the type prohibited by that subsection during 
any 30-day period. 
‘‘§ 623. Failure to place warning labels on unsolicited 
commercial electronic mail containing 
sexually oriented material 
‘‘(a) IN GENERAL.—Whoever knowingly sends an un-
solicited commercial electronic mail message that includes 
sexually oriented material to a covered computer and 
knowingly fails to include in or associated with that elec-
tronic mail message the marks or notices prescribed by 
the Federal Trade Commission under this section shall be 
punished as provided in section 624. 
‘‘(b) PRESCRIPTION OF MARKS AND NOTICES.—The 
Federal Trade Commission shall prescribe marks or no-
tices to be included in or associated with unsolicited com-
mercial electronic mail that contains a sexually oriented 
advertisement, in order to inform the recipient of that fact 
and to facilitate filtering of such electronic mail.
‘‘(c) DEFINITION.—In this section, the term ‘sexually 
oriented material’ means any material that depicts sexu-
ally explicit conduct (as that term is defined in section 
2256), unless the depiction constitutes a small and insig-
nificant part of the whole, the remainder of which is not 
primarily devoted to sexual matters. 
‘‘§ 624. Criminal penalties for violation of certain sec-
tions 
‘‘(a) PUNISHMENT.—The punishment for an offense 
under section 622 or 623 is—
‘‘(1) for an offense—
‘‘(A) occurring after the defendant was 
convicted for another offense under this chap-
ter; or 
‘‘(B) involving 10,000 or more electronic 
mail messages sent within a 30-day period; 
a fine under this title or imprisonment for not more than 
2 years, or both; and 
‘‘(2) in any other case, a fine under this title 
or imprisonment for not more than one year, or 
both. 
‘‘(b) FACTORS TO BE CONSIDERED BY SENTENCING 
COMMISSION.—In establishing sentencing guidelines for 
offenses to which this section applies, the United States
Sentencing Commission shall consider the following fac-
tors: 
‘‘(1) The volume of commercial electronic mail 
involved in the violation. 
‘‘(2) The manner in which the violation was 
perpetrated. 
‘‘(3) Whether the violation involved a violation 
of any other Federal law. 
‘‘(4) The extent of economic gain resulting from 
the violation. 
‘‘(5) Any history of prior violations by the viola-
tor. 
‘‘(6) Such other factors as justice may require. 
‘‘§ 625. Illicit harvesting of electronic mail addresses 
‘‘Whoever knowingly and through the direct or indi-
rect use of a covered computer uses an automated means 
to obtain electronic mail addresses from an Internet 
website or proprietary online service operated by another 
person, without the authorization of that person and uses 
those addresses in another violation of this chapter, shall 
be fined under this title or imprisoned not more than one 
year, or both.
‘‘§ 626. Civil enforcement 
‘‘(a) CIVIL ACTION BY PROVIDERS.—A provider of 
Internet access service (as defined in section 231(e) of the
Communications Act of 1934 (47 U.S.C. 231(e)(4)) who 
is adversely affected by illicit conduct described in this 
chapter may, in a civil action, recover any appropriate re-
lief, including actual damages or, at the election of the 
plaintiff, statutory damages of $500 for each electronic 
mail message involved in the illicit conduct. A class action 
may not be brought for a claim under this subsection. 
‘‘(b) ADDITIONAL ENFORCEMENT TOOLS FOR THE 
DEPARTMENT OF JUSTICE.—
‘‘(1) CIVIL
PENALTY.—The Attorney General 
may, in a civil action against any person who en-
gages in illicit conduct described in this chapter, re-
cover a civil penalty of not to exceed $500 for each 
electronic mail message involved in the illicit con-
duct. 
‘‘(2) INTERVENTION.—The Justice Department 
may also intervene in any civil action brought under 
subsection (a) or subsection (d). 
‘‘(c) REMEDIES UNDER THE FEDERAL TRADE COM-
MISSION ACT.—The same powers and authorities by which 
the Federal Trade Commission and the Attorney General 
enforce compliance, by persons subject to the jurisdiction 
of the Commission under the Federal Trade Commission 
Act, with the provisions of such Act and the regulations 
issued thereunder by the Commission, shall be available
to the Commission and the Attorney General, respectively, 
for use against all persons who engage in illicit conduct 
described in this chapter with respect to that conduct. 
‘‘(d) STATE ATTORNEYS GENERAL.—Unless the At-
torney General or the Federal Trade Commission has com-
menced a criminal prosecution or civil proceedings under 
subsection (b) or (c) with respect to the same conduct, 
the chief law enforcement officer of a State may, in a civil 
action, obtain appropriate relief for illicit conduct de-
scribed in this chapter, including statutory damages of 
$500 for each electronic mail message sent to a covered 
computer in that State involved in that conduct. 
‘‘(e) EXCLUSIVENESS OF REMEDIES.—The civil rem-
edies of this section are the exclusive civil remedies for 
illicit conduct described in this chapter. 
‘‘(f) EXCLUSIVE ORIGINAL JURISDICTION IN FED-
ERAL COURTS.—The United States district courts shall 
have exclusive original jurisdiction over any civil action 
commenced under this section. 
‘‘(g) DEFINITION.—As used in this section, the term 
‘illicit conduct’ means a violation, without regard to the 
affirmative defense provided in section 622(c)’’. 
(b) CLERICAL AMENDMENT.—The table of chapters 
at the beginning of part I of title 18, United States Code,
is amended by inserting after the item relating to chapter 
29 the following new item:
‘‘30. Electronic mail ..........................................................................
621’’.
(c) EFFECTIVE DATE.—The amendments made by 
this title shall take effect 120 days after the date of the 
enactment of this title.
TITLE III—GENERAL 
PROVISIONS 
SEC. 301. REGULATIONS AND REPORT. 
(a) REGULATIONS.—
(1) IN GENERAL.—Not later than 12 months 
after the date of the enactment of this Act, the 
Commission shall issue regulations to implement sec-
tions 101, 105, and 304. In issuing such regulations, 
the Commission shall consult with the Federal Com-
munications Commission. Such regulations shall be 
issued in accordance with section 553 of title 5, 
United States Code. 
(2) LIMITATION.—Paragraph (1) may not be 
construed to authorize the Commission to establish 
a requirement pursuant to section 101(a)(1)(A) to 
include any specific words, characters, marks, or la-
bels in a commercial electronic mail message, or to 
include the identification required by section 
101(a)(1)(A) in any particular part of such a mail 
message (such as the subject line or body).
(b) REPORT REGARDING PREVENTING UNWANTED 
COMMERCIAL
ELECTRONIC
MAIL
MESSAGES.—Within 
240 days after the date of the enactment of this Act, the 
Commission and the Federal Communications Commis-
sion shall jointly submit a report to the Congress regard-
ing the need to protect the rights of users of electronic 
mail to avoid receiving unwanted commercial electronic 
mail. The report shall—
(1) analyze the effectiveness and efficiency, for 
preventing unwanted commercial electronic mail 
messages, of requiring that each such message in-
clude specific words, characters, marks, or labels to 
identify the message as a commercial electronic mail 
message; 
(2) compare and evaluate alternative methods 
and procedures (individually or in combination with 
each other and the method described in paragraph 
(1)) for their effectiveness in protecting such rights 
and in terms of their cost and other advantages and 
disadvantages, including the extent to which such 
methods and procedures can facilitate screening and 
removal of unwanted commercial electronic mail 
messages; 
(3) compare and evaluate—
(A) alternative methods for persons ag-
grieved by receipt of unwanted commercial elec-
tronic mail messages to report such receipt and 
submit such messages to the Commission; and 
(B) alternative means of notifying the pub-
lic of the availability of such methods; 
(4) evaluate whether there is a need—
(A) for additional Commission authority to 
further expand or restrict the electronic mail 
messages which are commercial or unsolicited, 
for purposes of this Act; or 
(B) to further expand or restrict the prohi-
bitions, limitations, definitions, or exceptions of 
this Act, including prohibiting subject headings 
in commercial electronic mail messages that are 
misleading regarding the contents or subject 
matter of the message; and 
(5) propose legislation to effectuate such spe-
cific expansions or restrictions, if a need for any ex-
pansions or restrictions is determined pursuant to 
paragraph (4). 
SEC. 302. EFFECT ON OTHER LAWS. 
(a) FEDERAL LAW.—
(1) OBSCENITY AND EXPLOITATION OF CHIL-
DREN.—Nothing in this Act may be construed to im-
pair the enforcement of section 223 or 231 of the 
Communications Act of 1934 (47 U.S.C. 223 or 
231, respectively), chapter 71 (relating to obscenity) 
or 110 (relating to sexual exploitation of children) of 
title 18, United States Code, or any other Federal 
criminal statute. 
(2) COMMUNICATIONS ACT OF 1934.—Except for 
the amendments made by section 106, nothing in 
this Act may be construed to affect the applicability 
of any provision of title II of the Communications 
Act of 1934. 
(b) STATE LAW.—This Act preempts any law of a 
State, or of a political subdivision of a State, that ex-
pressly regulates the form of, required inclusions in, the 
manner or timing of sending, or the form, manner, or ef-
fect of recipient requests regarding receipt of, commercial 
electronic mail, but such laws preempted shall not include 
any law regulating falsification in commercial electronic 
mail of the identity of the sender, of authentication infor-
mation relating to the sender, of header or routing infor-
mation relating to such mail, or of subject line informa-
tion. 
(c) NO EFFECT ON POLICIES OF PROVIDERS OF 
INTERNET ACCESS SERVICE.—Nothing in this Act shall 
be construed to have any effect on the lawfulness or un-
lawfulness, under any other provision of law, of the adop-
tion, implementation, or enforcement by a provider of 
Internet access service of a policy of declining to transmit, 
route, relay, handle, receive, or store certain types of elec-
tronic mail messages. 
SEC. 303. STUDY OF EFFECTS OF ACT. 
(a) IN GENERAL.—Not later than 24 months after 
the date of the enactment of this Act, the Commission and 
the Federal Communications Commission shall jointly 
submit a report to the Congress that provides a detailed 
analysis of the effectiveness and enforcement of the provi-
sions, definitions, and exceptions of title I and this title 
and the need (if any) for the Congress to modify such pro-
visions, definitions, and exceptions. 
(b) REQUIRED ANALYSIS.—The report required by 
subsection (a) shall include an analysis of the extent to 
which technological and marketplace developments, includ-
ing changes in the nature of the devices through which 
consumers access their electronic mail messages, may af-
fect the practicality and effectiveness of the provisions of 
title I and this title. 
SEC. 304. DEFINITIONS. 
For purposes of this Act:
(1) BUSINESS DAY.—The term ‘‘business day’’ 
means any day other than a Saturday, Sunday, or 
legal public holiday. 
(2) COMMERCIAL
ELECTRONIC
MAIL
MES-
SAGE.—
(A) IN GENERAL.—The term ‘‘commercial 
electronic mail message’’ means any electronic 
mail message the primary purpose of which is 
the commercial advertisement or promotion of a 
product or service. 
(B) 
REFERENCE
TO
COMPANY
OR 
WEBSITE.—The inclusion of a reference to a 
commercial entity or a link to the website of a 
commercial entity in an electronic mail message 
does not, by itself, indicate that the primary 
purpose of the message is the commercial ad-
vertisement or promotion of a product or serv-
ice. 
(C) CLARIFICATION REGARDING CERTAIN 
MESSAGES.—Such term does not include any 
electronic mail message having a primary pur-
pose other than that specified in subparagraph 
(A), including any electronic mail message the 
primary purpose of which is to facilitate, com-
plete, confirm, or provide or request informa-
tion concerning—
(i) a specific commercial transaction 
between the sender and the recipient that 
the recipient has previously agreed to enter 
into with the sender; 
(ii) an existing commercial relation-
ship, formed with or without an exchange 
of consideration, involving the ongoing pur-
chase or use by the recipient of products or 
services offered by the sender; or 
(iii) an existing employment relation-
ship or related benefit plan or service. 
(3) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Trade Commission. 
(4) CONSENT.—
(A) IN
GENERAL.—The term ‘‘consent’’, 
when used with respect to a commercial elec-
tronic mail message, means that—
(i) the recipient has expressly con-
sented to receive the message, either in re-
sponse to a clear and conspicuous request 
for such consent or through an affirmative 
request to receive such message or mes-
sages; and
(ii) the recipient has not subsequently 
made a request, by using a mechanism de-
scribed in section 101(a)(1)(C), not to re-
ceive such message or not to receive mes-
sages of a scope within which such mes-
sage falls. 
(B) MESSAGES
FROM
THIRD
PARTIES.—
Such term includes consent to receipt of a mes-
sage from a third party pursuant to transfer of 
the recipient’s electronic mail address, but only 
if the recipient was provided with clear and con-
spicuous notice that such transfer could occur. 
(C) MESSAGES TO PREVIOUS HOLDER OF 
ELECTRONIC MAIL ADDRESS.—In the case of a 
commercial electronic mail message transmitted 
or delivered to a recipient at an electronic mail 
address that has been reassigned to the recipi-
ent from a previous user, such recipient shall be 
considered for purposes of this Act to have con-
sented to receipt of such messages at such ad-
dress to the same extent as the previous author-
ized user or users of such address unless the 
sender of the message has actual knowledge 
that the address has been so reassigned or of