Criminal Spam Act of 2003

Bill: 108-s-1293
Sponsor: Sen. Hatch, Orrin G. [R-UT]
Introduced: 2003-06-19 in the Senate
Policy area: Science, Technology, Communications
Subjects: Administrative procedure
Civil actions and liability
Commerce
Computer software
Computers
Congress
Congressional reporting requirements
Conspiracy
Consumer education
Crime and Law Enforcement
Criminal investigation
Damages
Deceptive advertising
Direct mail advertising
Electronic commerce
Electronic government information
Electronic mail systems
Fines (Penalties)
Forfeiture
Fraud
Government Operations and Politics
Independent regulatory commissions
International Affairs
International cooperation
Internet
Law
Liability (Law)
Profit
Prosecution
Sentences (Criminal procedure)
Sentencing guidelines
U.S. Sentencing Commission
Web sites

Summary:
action_date: 2003-06-19
text: 
Criminal Spam Act of 2003 - Amends the Federal criminal code to prohibit knowingly, in or affecting interstate or foreign commerce: (1) accessing a protected computer without authorization and intentionally initiating the transmission of multiple commercial electronic mail messages (spam) from or through such computer; (2) using a protected computer to relay or retransmit spam with the intent to deceive or mislead recipients or any Internet access service as to the origin of such messages; (3) falsifying header information in and intentionally initiating the transmission of spam; or (4) registering for five or more electronic mail or online user accounts or two or more domain names using information that falsifies the identity of the actual registrant and intentionally initiating the transmission of spam from such accounts or domain names. Prohibits conspiring to do so.
 
Sets criminal and civil penalties for violations, including forfeiture to the United States of any violator's interest in property constituting or traceable to gross profits or other proceeds obtained from such offense and in any technology used or intended to be used to commit or to promote the commission of the offense.
 
Directs the United States Sentencing Commission to review and amend the sentencing guidelines and policy statements and consider providing sentencing enhancements for violations of this Act under specified circumstances.
 
Requires the Departments of Justice and State to report on efforts to achieve international cooperation in investigating and prosecuting spammers who engage in conduct that violates this Act. Calls for such Departments to work through international fora for such cooperation.

action_date: 2003-09-25
text: 
Criminal Spam Act of 2003 - (Sec. 2) Amends the Federal criminal code to prohibit knowingly, in or affecting interstate or foreign commerce: (1) accessing a protected computer without authorization and intentionally initiating the transmission of multiple commercial electronic mail (e-mail) messages (spam) from or through such computer; (2) using a protected computer to relay or retransmit spam with the intent to deceive or mislead recipients or any Internet access service as to the origin of such messages; (3) falsifying header information in and intentionally initiating the transmission of spam; (4) registering for five or more e-mail or online user accounts or two or more domain names using information that falsifies the identity of the actual registrant and intentionally initiating the transmission of spam from any combination of such accounts or domain names; or (5) falsely representing the right to use five or more Internet protocol addresses and intentionally initiating the transmission of spam from such addresses. Prohibits conspiring to do so.
 
Sets criminal and civil penalties for violations, including forfeiture to the United States of a violator's: (1) real or personal property constituting or traceable to gross profits or other proceeds obtained from such offense; and (2) equipment, software, or other technology used or intended to be used to commit or to facilitate the commission of the offense.
 
Directs the United States Sentencing Commission to review and amend the sentencing guidelines and policy statements and consider providing sentencing enhancements for violations of this Act for convicted persons who: (1) obtained e-mail addresses through improper means, including by harvesting e-mail addresses of the users of a website, proprietary service, or other online public forum operated by another person, without that person's authorization or by randomly generating e-mail addresses by computer; or (2) knew that the commercial e-mail messages involved in the offense contained or advertised an Internet domain for which the registrant of the domain had provided false registration information.
 
(Sec. 3) Requires the Departments of Justice and State to report on efforts to achieve international cooperation in investigating and prosecuting spammers who engage in conduct that violates this Act. Calls for such Departments to work through international fora for such cooperation.


Legislative actions:
action_date: 2003-10-22
text: By Senator Hatch from Committee on the Judiciary filed written report. Report No. 108-170.
action_date: 2003-10-22
text: By Senator Hatch from Committee on the Judiciary filed written report. Report No. 108-170.
action_date: 2003-09-25
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 288.
action_date: 2003-09-25
text: Committee on the Judiciary. Reported by Senator Hatch with an amendment in the nature of a substitute. Without written report.
action_date: 2003-09-25
text: Committee on the Judiciary. Reported by Senator Hatch with an amendment in the nature of a substitute. Without written report.
action_date: 2003-09-25
text: Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
action_date: 2003-06-19
text: Read twice and referred to the Committee on the Judiciary.
action_date: 2003-06-19
text: Sponsor introductory remarks on measure. (CR S8238-8239)
action_date: 2003-06-19
text: Introduced in Senate