[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2162 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 2162

  To prohibit the use of the equipment of an electronic mail service 
      provider to send unsolicited commercial electronic mail in 
     contravention of the provider's posted policy and to prohibit 
               unauthorized use of Internet domain names.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 10, 1999

Mr. Gary Miller of California (for himself, Mr. Holt, Mr. Metcalf, Mr. 
 English, Mr. Underwood, Mr. Peterson of Minnesota, Mr. Calvert, Mrs. 
   Morella, and Mr. Baker) introduced the following bill; which was 
referred to the Committee on Commerce, and in addition to the Committee 
  on the Judiciary, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To prohibit the use of the equipment of an electronic mail service 
      provider to send unsolicited commercial electronic mail in 
     contravention of the provider's posted policy and to prohibit 
               unauthorized use of Internet domain names.

    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 ``Can Spam Act''.

SEC. 2. PROHIBITION REGARDING SPAMMING.

    (a) In General.--No person may use the equipment of an electronic 
mail service provider, or cause such equipment to be used, for 
transmission of unsolicited commercial electronic mail in violation of 
a posted policy of such provider.
    (b) Rule of Construction.--This section may not be construed--
            (1) to require any electronic mail service provider to 
        establish, create, or have in effect any policy regarding the 
        use of the provider's equipment; or
            (2) to alter, limit, or restrict--
                    (A) the rights of an electronic mail service 
                provider under section 230(c)(1) of the Communications 
                Act of 1934 (47 U.S.C. 230(c)(1));
                    (B) any decision of an electronic mail service 
                provider to permit or restrict access to or use of its 
                equipment; or
                    (C) any exercise of the editorial function of an 
                electronic mail service provider.
    (c) Civil Action.--
            (1) In general.--In addition to any other remedy available 
        under law, an electronic mail service provider who suffers 
        damage or loss by reason of a violation of subsection (a) may 
        bring a civil action for relief under paragraph (2) in an 
        appropriate district court of the United States or State court.
            (2) Relief.--If the court determines that a violation of 
        subsection (a) has occurred, the court shall award damages in 
        an amount equal to the greater of--
                    (A) the actual monetary loss suffered by the 
                provider as a result of the violation; and
                    (B) the amount that is equal to $50 for each use of 
                the equipment of the provider that constitutes such a 
                violation, except that--
                            (i) the aggregate amount of damages under 
                        this subparagraph for any single day may not 
                        exceed $25,000; and
                            (ii) for purposes of this subparagraph, 
                        each electronic mail message that uses the 
                        equipment of an electronic mail service 
                        provider shall be considered to be a separate 
                        use of such equipment.
        The court may also award injunctive relief or such other 
        equitable relief as the court considers appropriate, and shall 
        award to the prevailing party reasonable attorney's fees and 
        costs.
    (d) Definitions.--For purposes of this section, the following 
definitions shall apply:
            (1) Commercial electronic mail.--The term ``commercial 
        electronic mail'' means any electronic mail message, the 
        principal purpose of which is to promote, directly or 
        indirectly, the sale or other distribution of goods or services 
        to the recipient.
            (2) Internet.--The term ``Internet'' has the meaning given 
        such term in section 230(f) of the Communications Act of 1934 
        (47 U.S.C. 230(f)).
            (3) Internet domain name.--The term ``Internet domain 
        name'' has the meaning given such term in section 1030(e) of 
        title 18, United States Code.
            (4) Posted policy.--The term ``posted policy'' means a rule 
        or set of rules established by an electronic mail service 
        provider that--
                    (A) governs the use of the equipment of the 
                provider for transmission of commercial electronic 
                mail;
                    (B) explicitly provides that compliance with such 
                rule or set of rules is a condition of use of such 
                equipment of the provider by a registered user 
                (including any guest of a registered user); and
                    (C)(i) is clearly and conspicuously posted on a 
                World Wide Web site of an interactive computer service 
whose Internet domain name is identical to the Internet domain name of 
the electronic mail address to which the rule or set of rules applies;
                    (ii) prohibits such use and provides a sender of 
                electronic mail notice of such prohibition through the 
                inclusion, in the initial banner message that is 
                automatically transmitted upon the establishment of a 
                connection to any standard port for accepting 
                electronic mail of any mail host designated to receive 
                mail for the provider (which connection results from an 
                attempt to send any electronic mail), of a textual 
                message reading ``NO UCE'';
                    (iii) provides a sender of electronic mail notice 
                of such rule or set of rules through the inclusion, in 
                the initial banner message described in clause (ii), of 
                a textual message identifying a publicly available 
                location or means (which may include a telephone 
                number, World Wide Web site, or electronic mail 
                address) at or by which to access the entire rule or 
                set of rules, and that is in the following form: ``UCE 
                POLICY AT ____'' (the blank being filled in with 
                information identifying such location or means of 
                access); or
                    (iv) is otherwise publicly posted or otherwise made 
                publicly available by the electronic mail service 
                provider in a manner reasonably designed to facilitate 
                access to such rule or set of rules by persons using 
                the equipment of the provider to transmit unsolicited 
                commercial electronic mail, at the time of such use.
            (5) Registered user.--The term ``registered user'' means 
        any person that maintains an electronic mail address with an 
        electronic mail service provider.
            (6) Unsolicited commercial electronic mail.--The term 
        ``unsolicited commercial electronic mail'' means any commercial 
        electronic mail that is--
                    (A) addressed to a recipient with whom the 
                initiator of the mail does not have an existing 
                business or personal relationship; and
                    (B) not sent at the request of, or with the express 
                consent of, the recipient.
    (e) Preemption.--No State or political subdivision thereof may 
establish, continue in effect, or enforce any provision of law or 
regulation regarding the transmission of unsolicited commercial 
electronic mail.

SEC. 3. CRIMINAL PENALTY FOR UNAUTHORIZED USE OF INTERNET DOMAIN NAMES.

    (a) Prohibition.--Section 1030(a) of title 18, United States Code, 
is amended--
            (1) in paragraph (7), by inserting ``or'' after the 
        semicolon at the end; and
            (2) by inserting after paragraph (7) the following new 
        paragraph:
            ``(8) knowingly and without authorization uses the Internet 
        domain name of another person in connection with the sending of 
        one or more electronic mail messages and, as a result of such 
        conduct, causes damage to a computer, computer system, or 
        computer network;''.
    (b) Penalties.--Section 1030(c) of title 18, United States Code, is 
amended by adding at the end the following new paragraph:
            ``(4)(A) a fine under this title, in the case of an offense 
        under subsection (a)(8) of this section, which does not occur 
        after a conviction for another offense under such subsection or 
        an attempt to commit an offense punishable under this 
        subparagraph; and
            ``(B) a fine under this title or imprisonment for not more 
        than one year, or both, in the case of an offense under 
        subsection (a)(8) which occurs after a conviction for another 
        offense under such subsection, or an attempt to commit an 
        offense punishable under this subparagraph.''.
    (c) Definitions.--Section 1030(e) of title 18, United States Code, 
is amended--
            (1) in paragraph (7), by striking ``and'' at the end;
            (2) in paragraph (8)--
                    (A) in subparagraph (A)--
                            (i) by inserting ``(i) except as provided 
                        in clause (ii),'' after ``(A)'';
                            (ii) by inserting ``or'' after the 
                        semicolon at the end; and
                            (iii) by adding at the end the following 
                        new clause:
                    ``(ii) in the case of an offense under subsection 
                (a)(8), causes any loss in value;''; and
                    (B) by striking ``and'' at the end;
            (3) in paragraph (9), by striking the period at the end and 
        inserting a semicolon; and
            (4) by adding at the end the following new paragraphs:
            ``(10) the term `computer network' means any system that 
        provides communications or transfer of data between one or more 
        computers or computer systems and input or output devices, 
        including display terminals and printers connected by 
        telecommunication facilities;
            ``(11) the term `Internet' has the meaning given the term 
        in section 230(f) of the Communications Act of 1934 (47 U.S.C. 
        230(f)); and
            ``(12) the term `Internet domain name' means a globally 
        unique, hierarchical reference to an Internet host or service 
        that is attached to or able to be referenced from the Internet, 
        which--
                    ``(A) consists of a series of character strings 
                separated by periods, with the rightmost character 
                string specifying the top of the hierarchy; and
                    ``(B) is assigned and registered through a 
                centralized naming authority recognized as a registrant 
                of such references.''.
    (d) Preemption.--Section 1030 of title 18, United States Code, is 
amended by adding at the end the following new subsection:
    ``(i) Preemption.--No State or political subdivision thereof may 
establish, continue in effect, or enforce any provision of law or 
regulation regarding the use of the Internet domain name of another 
person in connection with the sending of one or more electronic mail 
messages.''.
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