Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003

Bill: 108-s-877
Sponsor: Sen. Burns, Conrad R. [R-MT]
Introduced: 2003-04-10 in the Senate
Policy area: Science, Technology, Communications
Subjects: Administrative procedure
Bank fraud
Civil actions and liability
Closed caption television
Commerce
Computer crimes
Computer viruses
Congress
Congressional reporting requirements
Consumer protection
Court reporting
Crime and Law Enforcement
Criminal investigation
Curricula
Damages
Deceptive advertising
Direct mail advertising
Disabled
Dislocated workers
Distance education
Economics and Public Finance
Education
Education of the disadvantaged
Educational accountability
Electronic commerce
Electronic mail systems
Evidence (Law)
Federal Communications Commission
Federal Trade Commission
Federal aid to education
Finance and Financial Sector
Fines (Penalties)
Forfeiture
Fraud
Government Operations and Politics
Government paperwork
Governmental investigations
Higher education
Identification devices
Independent regulatory commissions
Informers
Injunctions
Internet
Job hunting
Labeling
Labor and Employment
Law
Legal fees
Negligence
Parties to actions
Pornography
Prosecution
Punitive damages
Restrictive trade practices
Scholarships
Sentencing guidelines
Telephone
Video tape recording
Vocational and technical education
Web sites
Wireless communication

Summary:
action_date: 2003-04-10
text: Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 or CAN-SPAM Act of 2003 - Sets forth the determination of Congress that: (1) there is a substantial government interest in regulation of unsolicited commercial electronic mail ("spam"); (2) senders of spam should not mislead recipients as to the source or content of such mail; and (3) recipients of spam have a right to decline to receive additional spam from the same source. 
Amends Federal criminal law to subject to a fine or imprisonment any person who initiates the transmission to a protected computer of a spam message with knowledge and intent that it contains header information that is materially false or misleading. 
Sets forth protections against spam that include: (1) a prohibition of false or misleading transmission information; (2) a prohibition of deceptive subject headings; (3) mandatory inclusion of return address or comparable mechanism in unsolicited commercial electronic mail; (4) a prohibition of transmission of spam after objection; (5) mandatory inclusion of identifier, opt-out, and physical address in spam; and (6) a prohibition against initiating transmission to a protected computer of an unlawful, unsolicited commercial electron mail message, or to assist in the origination of such message through the provision of addresses, with knowledge or reckless disregard as to whether the recipient's address was obtained from an Internet website or proprietary online service or from a proprietary online service that included a notice that the operator will not provide addresses for initiating unsolicited messages. 
Confers enforcement powers for violations of this Act upon the Federal Trade Commission, designated Federal agencies, and States. 
Permits a provider of Internet access service adversely affected by a violation of this Act to bring a civil action.
Sets forth a maximum civil penalty of $1.5 million for knowing and wilful violations of this Act.
action_date: 2003-07-16
text: 
Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 or the CAN-SPAM Act of 2003 - (Sec. 2) Sets forth the determination of Congress that: (1) there is a substantial government interest in regulation of unsolicited commercial electronic mail (spam); (2) senders of spam should not mislead recipients as to the source or content of such mail; and (3) recipients of spam have a right to decline to receive additional spam from the same source.
 
(Sec 4) Amends the Federal criminal code to subject to a fine or imprisonment any person who initiates the transmission to a protected computer of a spam message with knowledge and intent that it contains header information that is materially false or misleading. 
(Sec. 5) Sets forth protections against spam that include: (1) a prohibition against false or misleading transmission information; (2) a prohibition against deceptive subject headings; (3) mandatory inclusion of a return address or a comparable mechanism in commercial electronic mail; (4) a prohibition against transmission of spam after objection (including a prohibition against transferring or releasing an email address after an objection); (5) mandatory inclusion in spam of information identifying the message as an advertisement or solicitation, notice of the opportunity to decline to receive further unsolicted messages from the sender, and the sender's physical address; (6) a prohibition against initiating transmission of spam to a protected computer, or assisting in the origination of such message through the provision of addresses, if the person knows or should have known that the recipient's address was obtained from an Internet website or proprietary online service that included a notice that the operator will not provide addresses for initiating unsolicited messages; (7) a prohibition against using automated means to establish multiple email accounts for the transmission of spam; and (8) a prohibition against relaying or retransmitting an unsolicited message that is unlawful under this section. 
(Sec. 6) Prohibits: (1) a person from promoting a business by the use of email containing false or misleading transmission information; and (2) enforcement against third parties, with exceptions. 
(Sec. 7) Confers enforcement powers for violations of this Act upon the Federal Trade Commission (FTC), designated Federal agencies, and States. Allows for the award of aggravated damages in certain cases. Permits a provider of Internet access service adversely affected by a violation of this Act to bring a civil action. 
Sets forth a maximum civil penalty of $1 million for knowing and wilful violations of this Act. 
(Sec. 9) Directs the FTC to submit to Congress: (1) recommendations for a nationwide Do-Not-Email list modeled on the Do-Not-Call list; and (2) a report of the effectiveness and enforcement of provisions of this Act.
action_date: 2003-10-22
text: 

Title I: Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 -
 Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 or the CAN-SPAM Act of 2003 - (Sec. 102) Sets forth the determination of Congress that: (1) there is a substantial government interest in regulation of unsolicited commercial electronic mail (spam); (2) senders of spam should not mislead recipients as to the source or content of such mail; and (3) recipients of spam have a right to decline to receive additional spam from the same source.
 
(Sec 104) Amends the Federal criminal code to subject to a fine, imprisonment, or both any person who: (1) accesses a protected computer without authorization and intentionally initiates the transmission of multiple commercial electronic mail messages from or through such computer; (2) uses a protected computer to relay or retransmit multiple messages, with the intent to deceive or mislead recipients or any Internet access service as to the origin of such messages; (3) falsifies header information in multiple messages and intentionally initiates the transmission thereof; (4) registers, with false identifying information, for five or more electronic mail accounts or online user accounts or two or more domain names and intentionally initiates the transmission of multiple messages from such accounts or domain names; or (5) falsely represents the right to use five or more Internet protocol addresses and intentionally initiates the transmission of multiple messages from such addresses. Allows for: (1) higher penalties in the case of offenses committed in furtherance of any felony or if the defendant has previously been convicted for conduct involving the transmission of multiple messages or unauthorized access to a computer system; and (2) the forfeiture of property obtained from such an offense and equipment, software, or other technology used to commit such an offense. Directs the U.S. Sentencing Commission to review and amend sentencing guidelines to provide appropriate penalties for such violations. 
Expresses the sense of Congress that: (1) spam has become the method of choice for those who distribute pornography, perpetrate fraudulent schemes, and introduce viruses, worms, and Trojan horses into personal and business computer systems; and (2) the Department of Justice should use all existing law enforcement tools to investigate and prosecute those who send bulk commercial e-mail to facilitate the commission of Federal crimes. 
(Sec. 105) Sets forth protections against spam that include: (1) a prohibition against false or misleading transmission information; (2) a prohibition against deceptive subject headings; (3) mandatory inclusion of a return address or a comparable mechanism in commercial electronic mail; (4) a prohibition against transmission of spam after objection (including a prohibition against transferring or releasing an email address after an objection); (5) mandatory inclusion in spam of information identifying the message as an advertisement or solicitation, notice of the opportunity to decline to receive further unsolicted messages from the sender, and the sender's physical address; (6) a prohibition against initiating transmission of spam to a protected computer, or assisting in the origination of such message through the provision of addresses, if the person knows or should have known that the recipient's address was obtained from an Internet website or proprietary online service that included a notice that the operator will not provide addresses for initiating unsolicited messages; (7) a prohibition against using automated means to register for multiple email accounts for the transmission of spam; and (8) a prohibition against relaying or retransmitting an unsolicited message that is unlawful under this section. 
Requires a person, when initiating commercial electronic mail containing sexually oriented material, to provide labels warning of such content. Provides criminal penalties for violations. 
(Sec. 106) Prohibits: (1) promoting a business by the use of email containing false or misleading transmission information; and (2) enforcement against third parties, with exceptions. 
(Sec. 107) Confers enforcement powers for violations of this Act upon the Federal Trade Commission (FTC), designated Federal agencies, and States. Allows for the award of aggravated damages in certain cases. Permits a provider of Internet access service adversely affected by a violation of this Act to bring a civil action. 
Sets forth a maximum civil penalty of $1 million for knowing and willful violations of this Act. 
(Sec. 109) Directs the FTC to submit to: (1) specified congressional committees a plan and timetable for establishing a nationwide marketing Do-Not-E-mail registry; and (2) Congress a report of the effectiveness and enforcement of provisions of this Act. 
(Sec. 111) Directs the FTC to submit to specified congressional committees reports that set forth: (1) a system for rewarding those who supply information about violations of this title; and (2) a plan for requiring spam to be identifiable from its subject line. 

Title II: Realtime Writers Act - 
(Sec. 201) Training for Realtime Writers Act of 2003 - (Sec. 203) Directs the National Telecommunications and Information Administration (NTIA) to make competitive grants to eligible entities to promote training and placement of individuals, including individuals who have completed a court reporting training program, as realtime writers providing closed captioning in video programming. Sets forth priorities for the awarding of such grants. Limits grants to $1.5 million for a two-year period. Outlines application requirements and authorized uses of such funds. 
(Sec. 206) Requires annual reports during such period from each eligible entity to the NTIA on the use of grant amounts and on best practices for increasing the number of individuals who are trained, employed, and retained in employment as realtime writers. 
(Sec. 207) Authorizes appropriations.
action_date: 2003-12-16
text: 
 Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 or the CAN-SPAM Act of 2003 - (Sec. 2) Sets forth the determination of Congress that: (1) there is a substantial government interest in regulation of commercial electronic mail (spam); (2) senders of spam should not mislead recipients as to the source or content of such mail; and (3) recipients of spam have a right to decline to receive additional spam from the same source.
 
(Sec. 3) Requires the Federal Trade Commission (FTC) to issue regulations defining the relevant criteria to facilitate the determination of the primary purpose of an electronic mail message.
 
(Sec. 4) Amends the Federal criminal code to subject to a fine, imprisonment, or both any person who: (1) accesses a protected computer without authorization and intentionally initiates the transmission of multiple commercial electronic mail messages from or through such computer; (2) uses a protected computer to relay or retransmit multiple messages, with the intent to deceive or mislead recipients or any Internet access service as to the origin of such messages; (3) materially falsifies header information in multiple messages and intentionally initiates the transmission thereof; (4) registers, with materially false identifying information, for five or more electronic mail accounts or online user accounts or two or more domain names and intentionally initiates the transmission of multiple messages from such accounts or domain names; or (5) falsely represents oneself to be the registrant or legitimate successor in interest to the registrant of five or more Internet protocol addresses and intentionally initiates the transmission of multiple messages from such addresses. Allows for: (1) higher penalties in the case of offenses committed in furtherance of any felony or if the defendant has previously been convicted for conduct involving the transmission of multiple messages or unauthorized access to a computer system; and (2) the forfeiture of property obtained from such an offense and equipment, software, or other technology used to commit such an offense. Directs the U.S. Sentencing Commission to review and amend sentencing guidelines to provide appropriate penalties for such violations. 
Expresses the sense of Congress that: (1) spam has become the method of choice for those who distribute pornography, perpetrate fraudulent schemes, and introduce viruses, worms, and Trojan horses into personal and business computer systems; and (2) the Department of Justice should use all existing law enforcement tools to investigate and prosecute those who send bulk commercial e-mail to facilitate the commission of Federal crimes. 
(Sec. 5) Sets forth protections against spam that include: (1) a prohibition against false or misleading transmission information; (2) a prohibition against deceptive subject headings; (3) mandatory inclusion of a return address or a comparable mechanism in commercial electronic mail; (4) a prohibition against transmission of spam after objection (including a prohibition against transferring or releasing an email address after an objection); (5) mandatory inclusion in spam of information identifying the message as an advertisement or solicitation, notice of the opportunity to decline to receive further unsolicited messages from the sender, and the sender's physical address; (6) a prohibition against initiating transmission of spam to a protected computer, or assisting in the origination of such message through the provision of addresses, if the person had actual knowledge, or knowledge fairly implied on the basis of objective circumstances, that the recipient's address was obtained from an Internet website or proprietary online service that included a notice that the operator will not provide addresses for initiating unsolicited messages; (7) a prohibition against using automated means to register for multiple email accounts for the transmission of spam; and (8) a prohibition against relaying or retransmitting an unsolicited message that is unlawful under this section. 
Requires a person, when initiating commercial electronic mail containing sexually oriented material, to provide labels warning of such content, unless the recipient has giver prior affirmative consent to receipt of such mail. Provides criminal penalties for violations. 
(Sec. 6) Prohibits: (1) promoting a business by the use of email containing false or misleading transmission information; and (2) enforcement against third parties, with exceptions. 
(Sec. 7) Confers enforcement powers for violations of this Act upon the FTC, designated Federal agencies, and States. Allows for the award of aggravated damages in certain cases. Permits a provider of Internet access service adversely affected by a violation of this Act to bring a civil action. 
 
(Sec. 9) Directs the FTC to submit to: (1) specified congressional committees a plan and timetable for establishing a nationwide marketing Do-Not-E-mail registry; and (2) Congress a report of the effectiveness and enforcement of provisions of this Act. 
(Sec. 11) Directs the FTC to submit to specified congressional committees reports that set forth: (1) a system for rewarding those who supply information about violations of this Act; and (2) a plan for requiring spam to be identifiable from its subject line. 
(Sec. 12) Amends the Communications Act of 1934 to make certain restrictions on the use of automated telephone equipment applicable to persons outside the United States (currently, only to persons within the United States) if the call recipient is within the United States. 
 
(Sec. 14) Requires the Federal Communications Commission (FCC) to promulgate rules to protect consumers from unwanted mobile service commercial messages, including rules to: (1) provide subscribers with the ability to avoid receiving such messages unless they have provided express prior authorization; and (2) allow recipients to indicate electronically their desire not to receive such messages in the future.

Legislative actions:
action_date: 2003-12-16
text: Became Public Law No: 108-187.
action_date: 2003-12-16
text: Became Public Law No: 108-187.
action_date: 2003-12-16
text: Signed by President.
action_date: 2003-12-16
text: Signed by President.
action_date: 2003-12-11
text: Presented to President.
action_date: 2003-12-11
text: Presented to President.
action_date: 2003-12-08
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2003-12-08
text: On motion that the House agree to the Senate amendment to the House amendment Agreed to without objection. (text as House agreed to Senate amendment to House amendment: CR H12854-12859)
action_date: 2003-12-08
text: Resolving differences -- House actions: On motion that the House agree to the Senate amendment to the House amendment Agreed to without objection.(text as House agreed to Senate amendment to House amendment: CR H12854-12859)
action_date: 2003-12-08
text: Mr. Tauzin asked unanimous consent that the House agree to the Senate amendment to the House amendment. (consideration: CR H12854-12861)
action_date: 2003-12-08
text: Message on Senate action sent to the House.
action_date: 2003-11-25
text: Senate concurred in the House amendment with an amendment by Unanimous Consent. (consideration: CR S15938-15948)
action_date: 2003-11-25
text: Resolving differences -- Senate actions: Senate concurred in the House amendment with an amendment by Unanimous Consent.(consideration: CR S15938-15948)
action_date: 2003-11-22
text: Message on House action received in Senate and at desk: House amendment to Senate bill.
action_date: 2003-11-22
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2003-11-22
text: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 392 - 5 (Roll no. 671). (text: CR 11/21/2003 H12186-12191)
action_date: 2003-11-22
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 392 - 5 (Roll no. 671).(text: CR 11/21/2003 H12186-12191)
action_date: 2003-11-22
text: Considered as unfinished business. (consideration: CR 11/21/2003 H12297-12298)
action_date: 2003-11-21
text: At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
action_date: 2003-11-21
text: DEBATE - The House proceeded with forty minutes of debate on S. 877.
action_date: 2003-11-21
text: Considered under suspension of the rules. (consideration: CR H12186-12198)
action_date: 2003-11-21
text: Mr. Tauzin moved to suspend the rules and pass the bill, as amended.
action_date: 2003-10-24
text: Held at the desk.
action_date: 2003-10-24
text: Received in the House.
action_date: 2003-10-24
text: Message on Senate action sent to the House.
action_date: 2003-10-22
text: Passed Senate with an amendment by Yea-Nay Vote. 97 - 0. Record Vote Number: 404. (text: CR 10/23/2003 S13176-13182)
action_date: 2003-10-22
text: Passed/agreed to in Senate: Passed Senate with an amendment by Yea-Nay Vote. 97 - 0. Record Vote Number: 404.(text: CR 10/23/2003 S13176-13182)
action_date: 2003-10-22
text: The committee substitute agreed to by Unanimous Consent.
action_date: 2003-10-22
text: Measure laid before Senate by unanimous consent. (consideration: CR S13012-13045; text of measure as reported in Senate: CR S13012-13019)
action_date: 2003-07-16
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 209.
action_date: 2003-07-16
text: Committee on Commerce, Science, and Transportation. Reported by Senator McCain with an amendment in the nature of a substitute. With written report No. 108-102.
action_date: 2003-07-16
text: Committee on Commerce, Science, and Transportation. Reported by Senator McCain with an amendment in the nature of a substitute. With written report No. 108-102.
action_date: 2003-06-19
text: Committee on Commerce, Science, and Transportation. Ordered to be reported with an amendment in the nature of a substitute favorably.
action_date: 2003-04-10
text: Read twice and referred to the Committee on Commerce, Science, and Transportation. (text of measure as introduced: CR S5204-5207)
action_date: 2003-04-10
text: Sponsor introductory remarks on measure. (CR S5204)
action_date: 2003-04-10
text: Introduced in Senate

Enacted as: number: 108-187