[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 875 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 875

To promote online commerce and communications, to protect consumers and 
  service providers from the misuse of computer facilities by others 
sending bulk unsolicited electronic mail over such facilities, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 11, 1997

Mr. Torricelli introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To promote online commerce and communications, to protect consumers and 
  service providers from the misuse of computer facilities by others 
sending bulk unsolicited electronic mail over such facilities, and for 
                            other purposes.

    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 ``Electronic Mailbox Protection Act of 
1997''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The Internet has increasingly become a critical mode of 
        global communication and now presents unprecedented 
        opportunities for the development and growth of global commerce 
        and an integrated worldwide economy.
            (2) In order for global commerce on the Internet to reach 
        its full potential, individuals and entities using the Internet 
        and other online services should be prevented from engaging in 
        activities that prevent other users and Internet service 
        providers from having a reasonably predictable, efficient, and 
        economical online experience.
            (3) Unsolicited electronic mail can be an important 
        mechanism through which commercial vendors, nonprofit 
        organizations, and other providers of services recruit members, 
        advertise, and attract customers in the online environment.
            (4) The receipt of unsolicited electronic mail may result 
        in undue monetary costs to recipients who cannot refuse to 
        accept such mail and who incur costs for the storage of such 
        mail, or for the time spent accessing, reviewing, and 
        discarding such mail, or for both.
            (5) Unsolicited electronic mail sent in bulk may impose 
        significant monetary costs on the Internet service providers, 
        businesses, and educational and non-profit institutions that 
        carry and receive such mail, as there is a finite volume of 
        mail that such providers, businesses, and institutions can 
        handle at any one point in time. The sending of such mail is 
        increasingly and negatively affecting the quality of service 
        provided to customers of Internet service providers.
            (6) While many senders of bulk unsolicited electronic mail 
        provide simple and reliable ways for recipients to reject (or 
        ``opt-out'' of) receipt of unsolicited electronic mail from 
        such senders in the future, other senders provide no such 
        ``opt-out'' mechanism, or refuse to honor the requests of 
        recipients not to receive electronic mail from such senders in 
        the future, or both.
            (7) An increasing number of senders of bulk unsolicited 
        electronic mail purposefully disguise the source of such mail 
        so as to prevent recipients from responding to such mail 
        quickly and easily.
            (8) Many senders of unsolicited electronic mail collect (or 
        ``harvest'') electronic mail addresses of potential recipients 
        without the knowledge of their intended recipients and in 
        violation of the rules or terms of service of the fora from 
        which such addresses are collected.
            (9) Because recipients of unsolicited electronic mail are 
        unable to avoid the receipt of such mail through reasonable 
        means, such mail may threaten the privacy of recipients. This 
        privacy threat is enhanced for recipients whose electronic mail 
        software or server alerts them to new mail as it arrives, as 
        unsolicited electronic mail thereby disrupts the normal 
        operation of the recipient's computer.
            (10) In legislating against certain abuses on the Internet, 
        Congress and the States should be very careful to avoid 
        infringing in any way upon constitutionally protected rights, 
        including the rights of assembly, free speech, and privacy.
            (11) In order to realize the full potential for online 
        electronic commerce, senders of bulk unsolicited electronic 
        mail should be required to abide by the requests of electronic 
        mail recipients, Internet service providers, businesses, and 
        educational and non-profit institutions to cease sending such 
        mail to such recipients, providers, businesses, and educational 
        and non-profit institutions.

SEC. 3. PROHIBITION ON CERTAIN ACTIVITIES THAT MISAPPROPRIATE THE 
              RESOURCES OF ONLINE SERVICE PROVIDERS.

    (a) In General.--Whoever, in or affecting interstate or foreign 
commerce--
            (1) initiates the transmission of an unsolicited electronic 
        mail message from an unregistered or fictitious Internet 
        domain, or an unregistered or fictitious electronic mail 
        address, for the purpose of--
                    (A) preventing replies to such message through use 
                of a standard reply mechanism in the recipient's 
                electronic mail system; or
                    (B) preventing receipt of standard notices of non-
                delivery;
            (2) uses a computer program or other technical mechanism or 
        procedure to disguise the source of unsolicited electronic mail 
        messages for the purpose of preventing recipients, or recipient 
        interactive computer services, from implementing a mail 
        filtering tool to block the messages from reaching the intended 
        recipients;
            (3) initiates the transmission of an unsolicited electronic 
        mail message and fails to comply with the request of the 
        recipient of the message, made to the sender or the listserver 
        as appropriate, to cease sending electronic messages to the 
        recipient in the future;
            (4) distributes a collection or list of electronic mail 
        addresses, having been given prior notice that one or more of 
        the recipients identified by such addresses does not wish to 
        receive unsolicited electronic mail and knowing that the 
        recipient of such addresses intends to use such addresses for 
        the purpose of sending unsolicited electronic mail;
            (5) initiates the transmission of an unsolicited electronic 
        mail message to a recipient despite having been given prior 
        notice (either directly or through a standard method developed, 
        adopted, or modified by an Internet standard setting 
        organization (such as the Internet Engineering Task Force or 
        the World Wide Web Consortium) to better facilitate pre-emptive 
        consumer control over bulk unsolicited electronic mail) that 
        the recipient does not wish to receive such messages;
            (6) registers, creates, or causes to be created an Internet 
        domain or applies for, registers, or otherwise obtains the use 
        of an Internet electronic mail account for the sole or primary 
        purpose of initiating the transmission of an unsolicited 
        electronic mail message in contravention of paragraph (1) or 
        (2);
            (7) directs an unsolicited electronic mail message through 
        the server of an interactive computer service to one or more 
        subscribers of the interactive computer service, knowing that 
        such action is in contravention of the rules of the interactive 
        computer service with respect to bulk unsolicited electronic 
        mail messages;
            (8) knowing that such action is in contravention of the 
        rules of the interactive computer service concerned, accesses 
        the server of the interactive computer service and uses a 
        computer program to collect electronic mail addresses of 
        subscribers of the interactive computer service for the purpose 
        of sending such subscribers unsolicited electronic mail or 
        distributing such addresses knowing that the recipient of such 
        addresses intends to use such addresses for the purpose of 
        sending unsolicited electronic mail; or
            (9) initiates the transmission of bulk unsolicited 
        electronic mail messages and divides the mailing of such 
        messages into smaller mailings for the purpose of circumventing 
        another provision of this Act,
shall be subject to a civil penalty of not more than $5,000 per 
individual violation.
    (b) Enforcement.--The Federal Trade Commission shall have the 
authority to commence civil actions under subsection (a).

SEC. 4. RECOVERY OF CIVIL DAMAGES.

    (a) In General.--Any person whose interactive computer service or 
electronic mailbox is intentionally misused or infiltrated, or whose 
requests for cessation of electronic mail messages have been ignored, 
in violation of section 3 may in a civil action recover from the person 
or entity which engaged in that violation such relief as may be 
appropriate.
    (b) Relief.--In an action under this section, appropriate relief 
includes--
            (1) such preliminary and other equitable or declaratory 
        relief as may be appropriate;
            (2) actual monetary loss from a violation, statutory 
        damages of not more than $500 for each violation, and, if the 
        court finds that the defendant's actions were particularly 
        egregious, willful, or knowing violations of section 3, the 
        court may, in its discretion, increase the amount of an award 
        to an amount equal to not more than 10 times the amount 
        available hereunder; and
            (3) a reasonable attorney's fee and other litigation costs 
        reasonably incurred.

SEC. 5. STATE LAW.

    Nothing in this Act shall be construed to prevent any State from 
enforcing any State law that is consistent with this Act. No cause of 
action may be brought and no liability may be imposed under any State 
or local law that is inconsistent with this Act.

SEC. 6. FEDERAL TRADE COMMISSION STUDY INTO EFFECTS OF UNSOLICITED 
              ELECTRONIC MAIL.

    Not later than 18 months after the date of enactment of this Act, 
the Federal Trade Commission shall submit to Congress a report 
detailing the effectiveness of, enforcement of, and the need, if any, 
for Congress to modify the provisions of this Act.

SEC. 7. DEFINITIONS.

    In this Act:
            (1) Bulk unsolicited electronic mail message.--The term 
        ``bulk unsolicited electronic mail message'' means any 
        substantially identical unsolicited electronic mail message 
        with 25 or more intended recipients.
            (2) Electronic mail address.--
                    (A) In general.--The term ``electronic mail 
                address'' means a destination (commonly expressed as a 
                string of characters) to which electronic mail can be 
                sent or delivered.
                    (B) Inclusion.--In the case of the Internet, the 
                term ``electronic mail address'' may include an 
                electronic mail address consisting of a user name or 
                mailbox (commonly referred to as the ``local part'') 
                and a reference to an Internet domain (commonly 
                referred to as the ``domain part'').
            (3) Initiates the transmission.--The term ``initiates the 
        transmission'', in the case an electronic mail message, refers 
        to the action of the original sender of the message and not to 
        any intervening computer service that may handle or retransmit 
        the message, unless the intervening computer service 
        retransmits the message with an intent to engage in activities 
        prohibited by this Act.
            (4) Interactive computer service.--The term ``interactive 
        computer service'' has the meaning given that term in section 
        230(e)(2) of the Communications Act of 1934 (47 U.S.C. 
        230(e)(2)).
            (5) Internet.--The term ``Internet'' has the meaning given 
        that term in section 230(e)(1) of the Communications Act of 
        1934 (47 U.S.C. 230(e)(1)).
            (6) Internet domain.--The term ``Internet domain'' refers 
        to a specific computer system (commonly referred to as a 
        ``host'') or collection of computer systems attached to or able 
        to be referenced from the Internet which are assigned a 
        specific reference point on the Internet (commonly referred to 
        as the ``Internet domain name'') and registered with an 
        organization recognized by the computer industry as a 
        registrant of Internet domains.
            (7) Listserver.--The term ``listserver'' refers to a 
        computer program that provides electronic mailing list 
        management functions, including functions that allow 
        individuals to subscribe and unsubscribe to and from electronic 
        mailing lists.
            (8) Mail filtering tool.--The term ``mail filtering tool'' 
        means any computer program, procedure, or mechanism used by an 
        individual recipient or interactive computer service to block, 
        return, reroute, or otherwise screen or sort incoming 
        electronic mail messages.
            (9) Server.--The term ``server'' refers to any computer 
        that provides support or services of any kind, including 
        electronic mailboxes, to other computers (commonly referred to 
        as ``clients'').
            (10) Unsolicited electronic mail message.--The term 
        ``unsolicited electronic mail message'' means any electronic 
        mail other than electronic mail sent by persons to others with 
        whom they have a prior relationship, including a prior business 
        relationship, or mail sent by a source to recipients where such 
        recipients, or someone authorized by them, have at any time 
        affirmatively requested to receive communications from that 
        source.

SEC. 8. EFFECTIVE DATE.

    This provisions of this Act shall take effect 45 days after the 
date of enactment of this Act.
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