[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1748 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 1748

  To amend the Communications Act of 1934 to ban the transmission of 
  unsolicited advertisements by electronic mail, and to require that 
  sender identification information be included with electronic mail 
                               messages.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 22, 1997

   Mr. Smith of New Jersey introduced the following bill; which was 
                 referred to the Committee on Commerce

_______________________________________________________________________

                                 A BILL


 
  To amend the Communications Act of 1934 to ban the transmission of 
  unsolicited advertisements by electronic mail, and to require that 
  sender identification information be included with electronic mail 
                               messages.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Netizens Protection Act of 1997''.

SEC. 2. PROHIBITION ON TRANSMISSION OF UNSOLICITED ADVERTISEMENTS BY 
              ELECTRONIC MAIL.

    Section 227(b)(1) of the Communications Act of 1934 (47 U.S.C. 
227(b)(1)) is amended--
            (1) by striking ``or'' at the end of subparagraph (C);
            (2) by redesignating subparagraph (D) as subparagraph (E);
            (3) by inserting after subparagraph (C) the following new 
        subparagraph:
                    ``(D) to use any computer or other electronic 
                device to send an unsolicited advertisement to an 
                electronic mail address of an individual with whom such 
                person lacks a preexisting and ongoing business or 
                personal relationship, unless such individual provides 
                express invitation or permission; or''.

SEC. 3. ELECTRONIC MAIL SENDER IDENTIFICATION INFORMATION REQUIRED.

    Section 227(d)(1) of the Communications Act of 1934 (47 U.S.C. 
227(d)(1)) is amended--
            (1) by striking ``or'' at the end of subparagraph (A);
            (2) by striking the period at the end of subparagraph (B) 
        and inserting ``; and''; and
            (3) by inserting at the end the following new subparagraph:
                    ``(C) to use a computer or other electronic device 
                to send an unsolicited advertisement to an electronic 
                mail address unless such person clearly provides, at 
                the beginning of such unsolicited advertisement, the 
                date and time the message is sent, the identity of the 
                business, other entity, or individual sending the 
                message, and the return electronic mail address of such 
                business, other entity, or individual.''.
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