[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 3042 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 3042

  To protect citizens against becoming victims of Internet fraud, to 
 provide stiff penalties against those who target senior citizens, and 
to educate senior citizens on how to avoid being victimized by Internet 
                        or telemarketing fraud.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 13, 2000

 Mr. Ashcroft introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To protect citizens against becoming victims of Internet fraud, to 
 provide stiff penalties against those who target senior citizens, and 
to educate senior citizens on how to avoid being victimized by Internet 
                        or telemarketing fraud.

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

TITLE I--AN ACT TO PREVENT INTERNET FRAUD AND FRAUD AGAINST THE ELDERLY

SEC. 101. SHORT TITLE.

    This title may be cited as ``An Act to Prevent Internet Fraud and 
Fraud Against the Elderly''.

SEC. 102. PURPOSE.

    It is the purpose of this title to protect citizens against 
becoming victims of Internet fraud, to provide stiff penalties against 
those who target senior citizens, and to educate senior citizens on how 
to avoid being victimized by Internet or telemarketing fraud.

SEC. 103. EDUCATION.

    (a) In General.--The Federal Trade Commission shall publicly 
disseminate in each State information designed to educate senior 
citizens and raise awareness about the dangers of telemarketing fraud 
and fraud over the Internet.
    (b) Education.--Carrying out subsection (a), the Commission shall--
            (1) inform senior citizens of the prevalence of Internet 
        and telemarketing fraud targeted against them;
            (2) inform senior citizens how to identify Internet and 
        telemarketing fraud;
            (3) educate senior citizens how to protect themselves 
        against Internet and telemarketing fraud, including an 
        explanation of the dangers of providing bank account, credit 
        card, or other financial or personal information over the 
        telephone to unsolicited callers;
            (4) educate senior citizens how to report suspected 
        attempts at Internet or telemarketing fraud to a law 
        enforcement agency;
            (5) educate senior citizens of their consumer protection 
        rights under Federal law; and
            (6) provide any other information as the Commission 
        considers necessary to protect senior citizens against Internet 
        or telemarketing fraud.

SEC. 104. DEFINITION.

    For purposes of this title, the term ``State'' includes the 
District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin 
Islands, American Samoa, and the Commonwealth of the Northern Mariana 
Islands.

            TITLE II--TELEMARKETING FRAUD OVER THE INTERNET

SEC. 201. EXTENSION OF CRIMINAL FRAUD STATUTE TO INTERNET.

    (a) Extension.--Section 1343 of title 18, United States Code, is 
amended by--
            (1) by inserting ``(a)'' before ``Whoever'';
            (2) in subsection (a), as so designated, by striking ``or 
        television communication'' and inserting ``television, or 
        Internet communication''; and
            (3) by adding at the end thereof the following:
    ``(b) For purposes of this section, the term `Internet' means 
collectively the myriad of computer and telecommunications facilities, 
including equipment and operating software, which comprise the 
interconnected world-wide network of networks that employ the 
Transmission Control Protocol/Internet Protocol, or any predecessor or 
successor protocols to such protocol, to communicate information of all 
kinds by wire or radio.''.
    (b) Conforming and Clerical Amendments.--
            (1) The section heading of such section is amended to read 
        as follows:
``Sec. 1343. Fraud by wire, radio, television, or Internet''.
            (2) The table of sections at the beginning of chapter 63 of 
        that title is amended by striking the item relating to section 
        1343 and inserting the following new item:

``1343. Fraud by wire, radio, television, or Internet.''.

SEC. 202. FEDERAL TRADE COMMISSION SANCTIONS.

    (a) Rulemaking To Apply Sanctions.--The Federal Trade Commission 
shall initiate a rulemaking proceeding to set forth the application of 
section 5 of the Federal Trade Commission Act (15 U.S.C. 45), and other 
statutory provisions within its jurisdiction, to deceptive acts or 
practices in or affecting the commerce of the United States in 
connection with the promotion, advertisement, offering for sale, or 
sale of goods or services through use of the Internet.
    (b) Internet Defined.--In this section, the term ``Internet'' means 
collectively the myriad of computer and telecommunications facilities, 
including equipment and operating software, which comprise the 
interconnected world-wide network of networks that employ the 
Transmission Control Protocol/Internet Protocol, or any predecessor or 
successor protocols to such protocol, to communicate information of all 
kinds by wire or radio.
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