[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4455 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 4455

  To require providers of electronic mailboxes to provide forwarding 
                               addresses.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 15, 2000

Ms. Schakowsky introduced the following bill; which was referred to the 
                         Committee on Commerce

_______________________________________________________________________

                                 A BILL


 
  To require providers of electronic mailboxes to provide forwarding 
                               addresses.

    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 ``Email Address Forward Act''.

SEC. 2. UNFAIR COMPETITION IN ELECTRONIC MAIL.

    (a) Rules Required.--
            (1) In general.--The Commission shall prescribe rules in 
        accordance with this Act to prevent anticompetitive practices 
        in the provision of electronic mail services by requiring any 
        person who provides an electronic mailbox for commercial 
        purposes to any subscriber to forward electronic mail to that 
        subscriber, or to provide a forwarding electronic mail address 
        for that subscriber, for 6 months after the subscription to 
        such mailbox is terminated. Such rules shall permit a 
        subscriber to decline to receive forwarding or providing a 
        forwarding address for such electronic mail.
            (2) Exemptions.--The regulations prescribed by the 
        Commission pursuant to paragraph (1) shall exempt from the 
        requirements of such regulations electronic mail services 
        provided by an employer or principal to an employee or agent 
        for the performance of functions on behalf of the employer or 
        principal.
    (b) Rulemaking.--The Commission shall prescribe the rules under 
subsection (a) within 270 days after the date of enactment of this Act. 
Such rules shall be prescribed in accordance with section 553 of title 
5, United States Code.
    (c) Enforcement.--Any violation of any rule prescribed under 
subsection (a) shall be treated as a violation of a rule respecting 
unfair or deceptive acts or practices under section 5 of the Federal 
Trade Commission Act (15 U.S.C. 45). Notwithstanding section 5(a)(2) of 
such Act (15 U.S.C. 45(a)(2)), communications common carriers shall be 
subject to the jurisdiction of the Commission for purposes of this 
title.

SEC. 3. ACTIONS BY STATES.

    (a) In General.--Whenever an attorney general of any State has 
reason to believe that the interests of the residents of that State 
have been or are being threatened or adversely affected because any 
person has engaged or is engaging in a pattern or practice which 
violates any rule of the Commission under section 2(a), the State may 
bring a civil action on behalf of its residents in an appropriate 
district court of the United States to enjoin such pattern or practice, 
to enforce compliance with such rule of the Commission, to obtain 
damages on behalf of their residents, or to obtain such further and 
other relief as the court may deem appropriate.
    (b) Notice.--The State shall serve prior written notice of any 
civil action under subsection (a) upon the Commission and provide the 
Commission with a copy of its complaint, except that if it is not 
feasible for the State to provide such prior notice, the State shall 
serve such notice immediately upon instituting such action. Upon 
receiving a notice respecting a civil action, the Commission shall have 
the right (1) to intervene in such action, (2) upon so intervening, to 
be heard on all matters arising therein, and (3) to file petitions for 
appeal.
    (c) Venue.--Any civil action brought under this section in a 
district court of the United States may be brought in the district 
wherein the defendant is found or is an inhabitant or transacts 
business or wherein the violation occurred or is occurring, and process 
in such cases may be served in any district in which the defendant is 
an inhabitant or wherever the defendant may be found.
    (d) Investigatory Powers.--For purposes of bringing any civil 
action under this section, nothing in this Act shall prevent the 
attorney general from exercising the powers conferred on the attorney 
general by the laws of such State to conduct investigations or to 
administer oaths or affirmations or to compel the attendance of 
witnesses or the production of documentary and other evidence.
    (e) Effect on State Court Proceedings.--Nothing contained in this 
section shall prohibit an authorized State official from proceeding in 
State court on the basis of an alleged violation of any general civil 
or criminal antifraud statute of such State.
    (f) Limitation.--Whenever the Commission has instituted a civil 
action for violation of any rule or regulation under this Act, no State 
may, during the pendency of such action instituted by the Commission, 
subsequently institute a civil action against any defendant named in 
the Commission's complaint for violation of any rule as alleged in the 
Commission's complaint.
    (g) Actions by Other State Officials.--
            (1) Nothing contained in this section shall prohibit an 
        authorized State official from proceeding in State court on the 
        basis of an alleged violation of any general civil or criminal 
        statute of such State.
            (2) In addition to actions brought by an attorney general 
        of a State under subsection (a), such an action may be brought 
        by officers of such State who are authorized by the State to 
        bring actions in such State for protection of consumers and who 
        are designated by the Commission to bring an action under 
        subsection (a) against persons that the Commission has 
        determined have or are engaged in a pattern or practice which 
        violates a rule of the Commission under section 2(a).

SEC. 4. ADMINISTRATION AND APPLICABILITY OF TITLE.

    (a) In General.--Except as otherwise provided in section 3, this 
title shall be enforced by the Commission under the Federal Trade 
Commission Act (15 U.S.C. 41 et seq.). Consequently, no activity which 
is outside the jurisdiction of that Act shall be affected by this Act, 
except for purposes of this title.
    (b) Actions by the Commission.--The Commission shall prevent any 
person from violating a rule of the Commission under section 2 in the 
same manner, by the same means, and with the same jurisdiction, powers, 
and duties as though all applicable terms and provisions of the Federal 
Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and 
made a part of this title. Any person who violates such rule shall be 
subject to the penalties and entitled to the privileges and immunities 
provided in the Federal Trade Commission Act in the same manner, by the 
same means, and with the same jurisdiction, power, and duties as though 
all applicable terms and provisions of the Federal Trade Commission Act 
were incorporated into and made a part of this title.

SEC. 5. DEFINITIONS.

    For purposes of this Act:
            (1) Commission.--The term ``Commission'' means the Federal 
        Trade Commission.
            (2) Commercial purposes.--An electronic mailbox is provided 
        ``for commercial purposes'' regardless of whether the provider 
        solicits or receives a subscription payment from the 
        subscriber, if the provider receive any consideration, directly 
        or indirectly, for the provision of electronic mail services.
            (3) Attorney general.--The term ``attorney general'' means 
        the chief legal officer of a State.
            (4) State.--The term ``State'' means any State of the 
        United States, the District of Columbia, the Commonwealth of 
        Puerto Rico, and any territory or possession of the United 
        States.
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