Undertaking Spam, Spyware, And Fraud Enforcement With Enforcers beyond Borders Act of 2006

Bill: 109-s-1608
Sponsor: Sen. Smith, Gordon H. [R-OR]
Introduced: 2005-07-29 in the Senate
Policy area: Commerce
Subjects: Antitrust law
Bank records
Canada
Civil Rights and Liberties, Minority Issues
Civil actions and liability
Compensation for victims of crime
Congress
Congressional reporting requirements
Consumer complaints
Consumer protection
Credit unions
Crime and Law Enforcement
Criminal investigation
Criminal justice information
Evidence (Law)
Federal Trade Commission
Federal employees
Finance and Financial Sector
Foreign Trade and International Finance
Fraud
Gifts
Government Operations and Politics
Government attorneys
Independent regulatory commissions
International Affairs
International cooperation
Latin America
Law
Legislation
Liability (Law)
Mexico
Nonprofit organizations
Prosecution
Restrictive trade practices
Right of privacy
Savings and loan associations
Science, Technology, Communications
Social Welfare
Telemarketing
Transfer of employees
Treaties
Volunteer workers

Summary:
action_date: 2005-07-29
text: 
Undertaking Spam, Spyware, And Fraud Enforcement With Enforcers beyond Borders Act of 2005, or the U.S. SAFE WEB Act of 2005 - Amends the Federal Trade Commission Act to include within the term &quot;unfair or deceptive acts or practices&quot; those acts or practices involving foreign commerce that: (1) cause or are likely to cause reasonably foreseeable injury within the United States; or (2) involve material conduct occurring within the United States.
 
Declares that remedies available to the Commission (FTC) for unfair and deceptive acts or practices include restitution to domestic or foreign victims.
 
Authorizes the FTC to disclose certain privileged or confidential information to foreign law enforcement agencies and to grant investigative assistance to them.
 
Grants the FTC power to transmit to the Attorney General evidence of a violation of federal criminal law by any person, partnership, or corporation, either domestic or foreign.
 

 
Authorizes the FTC to designate its attorneys to assist the Attorney General with litigation in foreign courts on particular matters in which it has an interest.
 
Prescribes procedural guidelines for sharing by FTC with foreign law enforcement agencies of information obtained pursuant to compulsory process or investigation.
 
Declares the FTC subject to the Right to Financial Privacy Act, but specifies conditions relating to procedures for delay of notification or prohibition of disclosure, and ex parte proceedings. Exempts from coverage by such Act an investigation or proceeding related to the administration of federal or foreign antitrust laws.
 
Shields from liability voluntary providers of information, including certain financial institutions. 
 
Authorizes the FTC to accept: (1) payment or reimbursement from a domestic or foreign law enforcement agency, or payment or reimbursement made on behalf of such agency, for expenses incurred by the FTC in carrying out any of its proper activities; and (2) unconditional gifts, donations, bequests of real, personal, and other property, and voluntary and uncompensated services.

action_date: 2006-03-14
text: 

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

 
Undertaking Spam, Spyware, And Fraud Enforcement With Enforcers Beyond Borders Act of 2005 or the U.S. SAFE WEB Act of 2005 - (Sec. 3) Amends the Federal Trade Commission Act to include within the definition of &quot;unfair or deceptive acts or practices&quot; those acts or practices involving foreign commerce that: (1) cause or are likely to cause reasonably foreseeable injury within the United States; or (2) involve material conduct occurring within the United States. Declares that remedies available to the Federal Trade Commission (FTC) for such unfair and deceptive acts or practices include restitution to domestic or foreign victims.
 
(Sec. 4) Authorizes the FTC to disclose certain privileged or confidential information to foreign law enforcement agencies. 
 
 Authorizes the FTC, upon written request, to provide investigative assistance to a foreign law enforcement agency that states it is investigating or enforcing proceedings against violations of laws prohibiting fraudulent or deceptive commercial practices or other practices substantially similar to practices prohibited by laws administered by the FTC, other than federal antitrust laws, without requiring that the conduct identified constitute a violation of U.S. laws. Requires FTC consideration of specified factors in determining whether to provide assistance, including whether the requesting agency has agreed to provide reciprocal assistance to the FTC. Authorizes the FTC to negotiate and conclude an international agreement for providing such assistance, materials, or information. Stipulates that this Act does not authorize the FTC to take any action or exercise any power with respect to a bank, savings and loan institution, or federal credit union. Prohibits FTC investigative assistance to foreign law enforcement agencies from foreign states which repeatedly provided support for acts of international terrorism.
 
 Directs the FTC to: (1) transmit to the Attorney General evidence of a violation of federal criminal law by any domestic or foreign person, partnership, or corporation; and (2) ensure, with respect to memoranda of understanding and international agreements, that material obtained from foreign law enforcement agencies may be used for investigation, prosecution, or prevention of U.S. criminal law violations.
 
(Sec. 5) Authorizes the FTC to designate its attorneys to assist the Attorney General with litigation in foreign courts and to reimburse the Attorney General for the retention of foreign counsel for such litigation on matters in which the FTC has an interest.
 
(Sec. 6) Specifies conditions under which an FTC-designated custodian is authorized to share certain compelled or confidential material with foreign law enforcement agencies that certify that the material will be maintained in confidence and will be used only for official law enforcement purposes. Exempts from public disclosure requirements of the Freedom of Information Act any material received by the FTC from foreign sources in the course of an investigation.
 
(Sec. 7) Declares the FTC subject to the Right to Financial Privacy Act, but specifies: (1) conditions relating to procedures for delay of notification or prohibition of disclosure of information obtained in connection with compulsory process where the recipient is not a subject of the investigation; (2) venue and procedures for ex parte proceedings; and (3) inapplicability to an investigation or proceeding related to the administration of federal or foreign antitrust laws. Declares that recipients of compulsory process issued by the FTC are not liable under U.S. law for failure to provide notice to persons that such process has been issued or that such recipients provided information, if neither notification nor delayed notification by the FTC is required under the Right to Financial Privacy Act.
 
(Sec. 8) Shields from liability: (1) voluntary providers of material the provider believes is relevant to an unfair or deceptive act or practice or to assets subject to recovery by the FTC, including assets located in foreign jurisdictions; and (2) certain financial institutions, foreign and domestic, for making voluntary disclosures to the FTC of consumer complaints or violations of law or regulations, including regarding assets located in foreign jurisdictions.
 
(Sec. 9) Authorizes the FTC to: (1) retain employees of foreign government agencies on temporary basis; (2) detail FTC employees to work for foreign agencies; and (3) accept payment from a domestic or foreign law enforcement agency for FTC expenses and unconditional gifts, donations, bequests of property, and voluntary services.
 
(Sec. 13) Requires the FTC to report to Congress on its actions under this act and recommendations for additional legislation.

action_date: 2006-03-16
text: 

(This measure has not been amended since it was reported to the Senate. The summary of that version is repeated here.)

 
Undertaking Spam, Spyware, And Fraud Enforcement With Enforcers Beyond Borders Act of 2005 or the U.S. SAFE WEB Act of 2005 - (Sec. 3) Amends the Federal Trade Commission Act to include within the definition of &quot;unfair or deceptive acts or practices&quot; those acts or practices involving foreign commerce that: (1) cause or are likely to cause reasonably foreseeable injury within the United States; or (2) involve material conduct occurring within the United States. Declares that remedies available to the Federal Trade Commission (FTC) for such unfair and deceptive acts or practices include restitution to domestic or foreign victims.
 
(Sec. 4) Authorizes the FTC to disclose certain privileged or confidential information to foreign law enforcement agencies. 
 
Authorizes the FTC, upon written request, to provide investigative assistance to a foreign law enforcement agency that states it is investigating or enforcing proceedings against violations of laws prohibiting fraudulent or deceptive commercial practices or other practices substantially similar to practices prohibited by laws administered by the FTC, other than federal antitrust laws, without requiring that the conduct identified constitute a violation of U.S. laws. Requires FTC consideration of specified factors in determining whether to provide assistance, including whether the requesting agency has agreed to provide reciprocal assistance to the FTC. Authorizes the FTC to negotiate and conclude an international agreement for providing such assistance, materials, or information. Stipulates that this Act does not authorize the FTC to take any action or exercise any power with respect to a bank, savings and loan institution, or federal credit union. Prohibits FTC investigative assistance to foreign law enforcement agencies from foreign states which repeatedly provided support for acts of international terrorism.
 
Directs the FTC to: (1) transmit to the Attorney General evidence of a violation of federal criminal law by any domestic or foreign person, partnership, or corporation; and (2) ensure, with respect to memoranda of understanding and international agreements, that material obtained from foreign law enforcement agencies may be used for investigation, prosecution, or prevention of U.S. criminal law violations.
 
(Sec. 5) Authorizes the FTC to designate its attorneys to assist the Attorney General with litigation in foreign courts and to reimburse the Attorney General for the retention of foreign counsel for such litigation on matters in which the FTC has an interest.
 
(Sec. 6) Specifies conditions under which an FTC-designated custodian is authorized to share certain compelled or confidential material with foreign law enforcement agencies that certify that the material will be maintained in confidence and will be used only for official law enforcement purposes. Exempts from public disclosure requirements of the Freedom of Information Act any material received by the FTC from foreign sources in the course of an investigation.
 
(Sec. 7) Declares the FTC subject to the Right to Financial Privacy Act, but specifies: (1) conditions relating to procedures for delay of notification or prohibition of disclosure of information obtained in connection with compulsory process where the recipient is not a subject of the investigation; (2) venue and procedures for ex parte proceedings; and (3) inapplicability to an investigation or proceeding related to the administration of federal or foreign antitrust laws. Declares that recipients of compulsory process issued by the FTC are not liable under U.S. law for failure to provide notice to persons that such process has been issued or that such recipients provided information, if neither notification nor delayed notification by the FTC is required under the Right to Financial Privacy Act.
 
(Sec. 8) Shields from liability: (1) voluntary providers of material the provider believes is relevant to an unfair or deceptive act or practice or to assets subject to recovery by the FTC, including assets located in foreign jurisdictions; and (2) certain financial institutions, foreign and domestic, for making voluntary disclosures to the FTC of consumer complaints or violations of law or regulations, including regarding assets located in foreign jurisdictions.
 
(Sec. 9) Authorizes the FTC to: (1) retain employees of foreign government agencies on temporary basis; (2) detail FTC employees to work for foreign agencies; and (3) accept payment from a domestic or foreign law enforcement agency for FTC expenses and unconditional gifts, donations, bequests of property, and voluntary services.
 
(Sec. 13) Requires the FTC to report to Congress on its actions under this act and recommendations for additional legislation.

action_date: 2006-12-22
text: 
Undertaking Spam, Spyware, And Fraud Enforcement With Enforcers Beyond Borders Act of 2006 or the U.S. SAFE WEB Act of 2006 - (Sec. 3) Amends the Federal Trade Commission Act to include within the definition of &quot;unfair or deceptive acts or practices&quot; those acts or practices involving foreign commerce that: (1) cause or are likely to cause reasonably foreseeable injury within the United States; or (2) involve material conduct occurring within the United States. Declares that remedies available to the Federal Trade Commission (FTC) for such unfair and deceptive acts or practices include restitution to domestic or foreign victims.
 
(Sec. 4) Authorizes the FTC to disclose certain privileged or confidential information to foreign law enforcement agencies. 
 
Authorizes the FTC, upon written request, to provide investigative assistance to a foreign law enforcement agency that states it is investigating or enforcing proceedings against violations of laws prohibiting fraudulent or deceptive commercial practices or other practices substantially similar to practices prohibited by laws administered by the FTC, other than federal antitrust laws, without requiring that the conduct identified constitute a violation of U.S. laws. Requires FTC consideration of specified factors in determining whether to provide assistance, including whether the requesting agency has agreed to provide reciprocal assistance to the FTC. Authorizes the FTC to negotiate and conclude an international agreement for providing such assistance, materials, or information. Stipulates that this Act does not authorize the FTC to take any action or exercise any power with respect to a bank, savings and loan institution, or federal credit union. Prohibits FTC investigative assistance to foreign law enforcement agencies from foreign states which repeatedly provided support for acts of international terrorism.
 
Directs the FTC to: (1) transmit to the Attorney General evidence of a violation of federal criminal law by any domestic or foreign person, partnership, or corporation; and (2) ensure, with respect to memoranda of understanding and international agreements, that material obtained from foreign law enforcement agencies may be used for investigation, prosecution, or prevention of U.S. criminal law violations.
 
(Sec. 5) Authorizes the FTC to designate its attorneys to assist the Attorney General with litigation in foreign courts and to reimburse the Attorney General for the retention of foreign counsel for such litigation on matters in which the FTC has an interest.
 
(Sec. 6) Specifies conditions under which an FTC-designated custodian is authorized to share certain compelled or confidential material with foreign law enforcement agencies that certify that the material will be maintained in confidence and will be used only for official law enforcement purposes. Exempts from public disclosure requirements of the Freedom of Information Act any material received by the FTC from foreign sources in the course of an investigation.
 
(Sec. 7) Declares the FTC subject to the Right to Financial Privacy Act, but specifies: (1) conditions relating to procedures for delay of notification or prohibition of disclosure of information obtained in connection with compulsory process where the recipient is not a subject of the investigation; (2) venue and procedures for ex parte proceedings; and (3) inapplicability to an investigation or proceeding related to the administration of federal or foreign antitrust laws. Declares that recipients of compulsory process issued by the FTC are not liable under U.S. law for failure to provide notice to persons that such process has been issued or that such recipients provided information, if neither notification nor delayed notification by the FTC is required under the Right to Financial Privacy Act.
 
(Sec. 8) Shields from liability: (1) voluntary providers of material the provider believes is relevant to an unfair or deceptive act or practice or to assets subject to recovery by the FTC, including assets located in foreign jurisdictions; and (2) certain financial institutions, foreign and domestic, for making voluntary disclosures to the FTC of consumer complaints or violations of law or regulations, including regarding assets located in foreign jurisdictions.
 
(Sec. 9) Authorizes the FTC to: (1) retain employees of foreign government agencies on a temporary basis; (2) detail FTC employees to work for foreign agencies; (3) under the Right to Financial Privacy Act of 1978, share information with specified financial and market regulators; and (4) accept payment from a domestic or foreign law enforcement agency for FTC expenses and unconditional gifts, donations, bequests of property, and voluntary services.
 
(Sec. 13) Terminates the effect of this Act and its amendments seven years after enactment of this Act.
 
(Sec. 14) Requires the FTC to report to Congress on its actions under this act and recommendations for additional legislation.


Legislative actions:
action_date: 2006-12-22
text: Became Public Law No: 109-455.
action_date: 2006-12-22
text: Became Public Law No: 109-455.
action_date: 2006-12-22
text: Signed by President.
action_date: 2006-12-22
text: Signed by President.
action_date: 2006-12-20
text: Presented to President.
action_date: 2006-12-20
text: Presented to President.
action_date: 2006-12-09
text: Senate agreed to House amendment by Unanimous Consent. (consideration: CR 12/8/2006 S11841-11844; text as Senate agreed to House amendment: CR 12/8/2006 S11841-11844)
action_date: 2006-12-09
text: Resolving differences -- Senate actions: Senate agreed to House amendment by Unanimous Consent.(consideration: CR 12/8/2006 S11841-11844; text as Senate agreed to House amendment: CR 12/8/2006 S11841-11844)
action_date: 2006-12-09
text: Message on House action received in Senate and at desk: House amendment to Senate bill.
action_date: 2006-12-09
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2006-12-09
text: On passage Passed without objection.
action_date: 2006-12-09
text: Passed/agreed to in House: On passage Passed without objection.
action_date: 2006-12-09
text: Considered by unanimous consent. (consideration: CR 12/8/2006 H9275-9282; text of measure as referred in House: CR 12/8/2006 H9275-9278)
action_date: 2006-12-09
text: Mr. Barton (TX) asked unanimous consent to discharge from committee and consider.
action_date: 2006-12-09
text: Committee on Energy and Commerce discharged.
action_date: 2006-12-09
text: Committee on Energy and Commerce discharged.
action_date: 2006-04-19
text: Referred to the Subcommittee on Commerce, Trade and Consumer Protection.
action_date: 2006-03-28
text: Referred to the House Committee on Energy and Commerce.
action_date: 2006-03-28
text: Received in the House.
action_date: 2006-03-17
text: Message on Senate action sent to the House.
action_date: 2006-03-16
text: Passed Senate without amendment by Unanimous Consent. (consideration: CR S2389-2392; text as passed Senate: CR S2389-2392)
action_date: 2006-03-16
text: Passed/agreed to in Senate: Passed Senate without amendment by Unanimous Consent.(consideration: CR S2389-2392; text as passed Senate: CR S2389-2392)
action_date: 2006-03-14
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 372.
action_date: 2006-03-14
text: Committee on Commerce, Science, and Transportation. Reported by Senator Stevens without amendment. With written report No. 109-219.
action_date: 2006-03-14
text: Committee on Commerce, Science, and Transportation. Reported by Senator Stevens without amendment. With written report No. 109-219.
action_date: 2005-12-15
text: Committee on Commerce, Science, and Transportation. Ordered to be reported without amendment favorably.
action_date: 2005-07-29
text: Read twice and referred to the Committee on Commerce, Science, and Transportation. (text of measure as introduced: CR S9533-9537)
action_date: 2005-07-29
text: Sponsor introductory remarks on measure. (CR S9533)
action_date: 2005-07-29
text: Introduced in Senate

Enacted as: number: 109-455