[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 630 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                 S. 630

  To prohibit senders of unsolicited commercial electronic mail from 
 disguising the source of their messages, to give consumers the choice 
 to cease receiving a sender's unsolicited commercial electronic mail 
                   messages, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 27, 2001

  Mr. Burns (for himself, Mr. Wyden, Mr. Lieberman, Ms. Landrieu, Mr. 
  Torricelli, Mr. Breaux, and Mr. Murkowski) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
  To prohibit senders of unsolicited commercial electronic mail from 
 disguising the source of their messages, to give consumers the choice 
 to cease receiving a sender's unsolicited commercial electronic mail 
                   messages, 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 ``Controlling the Assault of Non-
Solicited Pornography and Marketing Act of 2001'', or the ``CAN SPAM 
Act of 2001''.

SEC. 2. CONGRESSIONAL FINDINGS AND POLICY.

    (a) Findings.--The Congress finds the following:
            (1) There is a right of free speech on the Internet.
            (2) 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. 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 commercial electronic mail can be a 
        mechanism through which businesses advertise and attract 
        customers in the online environment.
            (4) The receipt of unsolicited commercial electronic mail 
        may result in 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 commercial electronic mail may impose 
        significant monetary costs on providers of Internet access 
        services, businesses, and educational and nonprofit 
        institutions that carry and receive such mail, as there is a 
        finite volume of mail that such providers, businesses, and 
        institutions can handle without further investment. The sending 
        of such mail is increasingly and negatively affecting the 
        quality of service provided to customers of Internet access 
        service, and shifting costs from the sender of the 
        advertisement to the provider of Internet access service and 
        the recipient.
            (6) While some senders of unsolicited commercial electronic 
        mail messages provide simple and reliable way for recipients to 
        reject (or ``opt-out'' of) receipt of unsolicited commercial 
        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 unsolicited 
        commercial electronic mail purposefully disguise the source of 
        such mail so as to prevent recipients from responding to such 
        mail quickly and easily.
            (8) An increasing number of senders of unsolicited 
        commercial electronic mail purposefully include misleading 
        information in the message's subject lines in order to induce 
        the recipients to view the messages.
            (9) Because recipients of unsolicited commercial electronic 
        mail are unable to avoid the receipt of such mail through 
        reasonable means, such mail may invade the privacy of 
        recipients.
            (10) The practice of sending unsolicited commercial 
        electronic mail is sufficiently profitable that senders of such 
        mail will not be unduly burdened by the costs associated with 
        providing an ``opt-out'' mechanism to recipients and ensuring 
        that recipients who exercise such opt-out do not receive 
        further messages from that sender.
            (11) In legislating against certain abuses on the Internet, 
        Congress should be very careful to avoid infringing in any way 
        upon constitutionally protected rights, including the rights of 
        assemble, free speech, and privacy.
    (b) Congressional Determination of Public Policy.--On the basis of 
the findings in subsection (a), the Congress determines that--
            (1) there is substantial government interest in regulation 
        of unsolicited commercial electronic mail;
            (2) senders of unsolicited commercial electronic mail 
        should not mislead recipients as to the source or content of 
        such mail; and
            (3) recipients of unsolicited commercial electronic mail 
        have a right to decline to receive additional unsolicited 
        commercial electronic mail from the same source.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Affirmative consent.--The term ``affirmative consent'', 
        when used with respect to a commercial electronic mail message, 
        means--
                    (A) the message falls within the scope of an 
                express and unambiguous invitation or permission 
                granted by the recipient and not subsequently revoked;
                    (B) the recipient had clear and conspicuous notice, 
                at the time such invitation or permission was granted, 
                of--
                            (i) the fact that the recipient was 
                        granting the invitation or permission;
                            (ii) the scope of the invitation or 
                        permission, including what types of commercial 
                        electronic mail messages would be covered by 
                        the invitation or permission and what senders 
or types of senders, if any, other than the party to whom the 
invitation or permission was communicated would be covered by the 
invitation or permission; and
                            (iii) a reasonable and effective mechanism 
                        for revoking the invitation or permission; and
                    (C) the recipient has not, after granting the 
                invitation or permission, submitted a request under 
                section 5(a)(3) not to receive unsolicited commercial 
                electronic mail messages from the sender of the 
                message.
            (2) Commercial electronic mail message.--The term 
        ``commercial electronic mail message'' means any electronic 
        mail message the primary purpose of which is to advertise or 
        promote, for a commercial purpose, a commercial product or 
        service (including content on an Internet website). An 
        electronic mail message shall not be considered to be a 
        commercial electronic mail message solely because such message 
        includes a reference to a commercial entity that serves to 
        identify the sender or a reference or link to an Internet 
        website operated for a commercial purpose.
            (3) Commission.--The term ``Commission'' means the Federal 
        Trade Commission.
            (4) Domain name.--The term ``domain name'' means any 
        alphanumeric designation which is registered with or assigned 
        by any domain name registrar, domain name registry, or other 
        domain name registration authority as part of an electronic 
        address on the Internet.
            (5) 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'').
            (6) FTC act.--The term ``FTC Act'' means the Federal Trade 
        Commission Act (15 U.S.C. 41 et seq.).
            (7) Functioning return electronic mail address.--
                    (A) The term ``functioning return electronic mail 
                address'' means a legitimately obtained electronic mail 
                address, clearly and conspicuously displayed in a 
                commercial electronic mail message, that--
                            (i) remains capable of receiving messages 
                        for no less than 30 days after the transmission 
                        of such commercial electronic mail message; and
                            (ii) that has capacity reasonably 
                        calculated, in light of the number of 
                        recipients of the commercial electronic mail 
                        message, to enable it to receive the full 
                        expected quantity of reply messages from such 
                        recipients.
                    (B) An electronic mail address that meets the 
                requirements of subparagraph (A) shall not be excluded 
                from this definition because of a temporary inability 
                to receive electronic mail messages due to technical 
                problems, provided steps are taken to correct such 
                technical problems within a reasonable time period.
            (8) Header information.--The term ``header information'' 
        means the source, destination, and routing information attached 
        to the beginning of an electronic mail message, including the 
        originating domain name and originating electronic mail 
        address.
            (9) Implied consent.--The term ``implied consent'', when 
        used with respect to a commercial electronic mail message, 
        means--
                    (A) within the 5-year period ending upon receipt of 
                such message, there has been a business transaction 
                between the sender and the recipient (including a 
                transaction involving the provision, free of charge, of 
                information, goods, or services requested by the 
                recipient); and
                    (B) the recipient was, at the time of such 
                transaction or thereafter, provided a clear and 
                conspicuous notice of an opportunity not to receive 
                unsolicited commercial electronic mail messages from 
                the sender and has not exercised such opportunity.
            (10) Initiate.--The term ``initiate'', when used with 
        respect to a commercial electronic mail message, means to 
        originate such message, to procure the origination of such 
        message, or to assist in the origination of such message 
        through the provision or selection of addresses to which such 
        message will be sent, but shall not include actions that 
        constitute routine conveyance of such message. For purposes of 
        this Act, more than 1 person may be considered to have 
        initiated the same message.
            (11) Internet.--The term ``Internet'' has the meaning given 
        that term in the Internet Tax Freedom Act (Public Law 105-277, 
        div. C, title XI, Sec. 1101(e)(3)(c)).
            (12) Internet access service.--The term ``Internet access 
        service'' has the meaning given that term in section 231(e)(4) 
        of the Communications Act of 1934 (47 U.S.C. 231(e)(4)).
            (13) Protected computer.--The term ``protected computer'' 
        has the meaning given that term in section 1030(e)(2) of title 
        18, United States Code.
            (14) Recipient.--The term ``recipient'', when used with 
        respect to a commercial electronic mail message, means the 
        addressee of such message. If an addressee of a commercial 
        electronic mail message has 1 or more electronic mail addresses 
        in addition to the address to which the message was addressed, 
        the addressee shall be treated as a separate recipient with 
        respect to each such address.
            (15) Routine conveyance.--The term ``routine conveyance'' 
        means the transmission, routing, relaying, handling, or 
storing, through an automatic technical process, of an electronic mail 
message for which another person has provided and selected the 
recipient addresses.
            (16) Sender.--The term ``sender'', when used with respect 
        to a commercial electronic mail message, means a person who 
        initiates such a message and whose product, service, or 
        Internet web site is advertised or promoted by the message, but 
        does not include any person, including a provider of Internet 
        access service, whose role with respect to the message is 
        limited to routine conveyance of the message.
            (17) Unsolicited commercial electronic mail message.--
                    (A) In general.--The term ``unsolicited commercial 
                electronic mail message'' means any commercial 
                electronic mail message that is sent to a recipient--
                            (i) without prior affirmative consent or 
                        implied consent from the recipient; or
                            (ii) to a recipient who, subsequent to the 
                        establishment of affirmative or implied consent 
                        under subparagraph (i), has expressed, in a 
                        reply submitted pursuant to section 5(a)(3), or 
                        in response to any other opportunity the sender 
                        may have provided to the recipient, a desire 
                        not to receive commercial electronic mail 
                        messages from the sender.
                    (B) Exclusion.--Notwithstanding subparagraph (A), 
                the term ``unsolicited commercial electronic mail 
                message'' does not include an electronic mail message 
                sent by or on behalf of one or more lawful owners of 
                copyright, patent, publicity, or trademark rights to an 
                unauthorized user of protected material notifying such 
                user that the use is unauthorized and requesting that 
                the use be terminated or that permission for such use 
                be obtained from the rights holder or holders.

SEC. 4. CRIMINAL PENALTY FOR UNSOLICITED COMMERCIAL ELECTRONIC MAIL 
              CONTAINING FRAUDULENT ROUTING INFORMATION.

    (a) In General.--Chapter 63 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 1348. Unsolicited commercial electronic mail containing 
              fraudulent transmission information
    ``(a) In General.--Any person who intentionally initiates the 
transmission of any unsolicited commercial electronic mail message to a 
protected computer in the United States with knowledge that such 
message contains or is accompanied by header information that is 
materially or intentionally false or misleading shall be fined or 
imprisoned for not more than 1 year, or both, under this title.
    ``(b) Definitions.--Any term used in subsection (a) that is defined 
in section 3 of the Unsolicited Commercial Electronic Mail Act of 2001 
has the meaning giving it in that section.''.
    (b) Conforming Amendment.--The chapter analysis for chapter 63 of 
title 18, United States Code, is amended by adding at the end the 
following:

``1348. Unsolicited commercial electronic mail containing fraudulent 
                            routing information''.

SEC. 5. OTHER PROTECTIONS AGAINST UNSOLICITED COMMERCIAL ELECTRONIC 
              MAIL.

    (a) Requirements for Transmission of Messages.--
            (1) Prohibition of false or misleading transmission 
        information.--It shall be unlawful for any person to initiate 
        the transmission, to a protected computer, of a commercial 
        electronic mail message that contains, or is accompanied by, 
        header information that is materially or intentionally false or 
        misleading, or not legitimately obtained.
            (2) Prohibition of deceptive subject headings.--It shall be 
        unlawful for any person to initiate the transmission, to a 
        protected computer, of a commercial electronic mail message 
        with a subject heading that such person knows is likely to 
        mislead the recipient about a material fact regarding the 
        contents or subject matter of the message.
            (3) Inclusion of return address in commercial electronic 
        mail.--It shall be unlawful for any person to initiate the 
        transmission of a commercial electronic mail message to a 
        protected computer unless such message contains a functioning 
        return electronic mail address to which a recipient may send a 
        reply to the sender to indicate a desire not to receive further 
        messages from that sender at the electronic mail address at 
        which the message was received.
            (4) Prohibition of transmission of unsolicited commercial 
        electronic mail after objection.--If a recipient makes a 
        request to a sender, through an electronic mail message sent to 
        an electronic mail address provided by the sender pursuant to 
        paragraph (3), not to receive further electronic mail messages 
        from that sender, it shall be unlawful for the sender, or any 
        person acting on behalf of the sender, to initiate the 
        transmission of an unsolicited commercial electronic mail 
        message to such a recipient within the United States more than 
        10 days after receipt of such request.
            (5) Inclusion of identifier, opt-out, and physical address 
        in unsolicited commercial electronic mail.--It shall be 
        unlawful for any person to initiate the transmission of any 
        unsolicited commercial electronic mail message to a protected 
        computer unless the message provides, in a manner that is clear 
        and conspicuous to the recipient--
                    (A) identification that the message is an 
                advertisement or solicitation;
                    (B) notice of the opportunity under paragraph (3) 
                to decline to receive further unsolicited commercial 
                electronic mail messages from the sender; and
                    (C) a valid physical postal address of the sender.
    (b) No Effect on Policies of Providers of Internet Access 
Service.--Nothing in this Act shall be construed to have any effect on 
the lawfulness or unlawfulness, under any other provision of law, of 
the adoption, implementation, or enforcement by a provider of Internet 
access service of a policy of declining to transmit, route, relay, 
handle, or store certain types of electronic mail messages.

SEC. 6. ENFORCEMENT.

    (a) Enforcement by Commission.--
            (1) In general.--Section 5 of this Act shall be enforced by 
        the Commission under the FTC Act. For purposes of such 
        Commission enforcement, a violation of section 5 of this Act 
        shall be treated as a violation of a rule under section 18 (15 
        U.S.C. 57a) of the FTC Act regarding unfair or deceptive acts 
        or practices.
            (2) Scope of commission enforcement authority.--
                    (A) The Commission shall prevent any person from 
                violating section 5 of this Act 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 FTC Act were incorporated into and 
                made a part of this section. Any person who violates 
                section 5 of this Act shall be subject to the penalties 
                and entitled the privileges and immunities provided in 
                the FTC Act 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 FTC 
                Act were incorporated into and made a part of this 
                section.
                    (B) Nothing in this Act shall be construed to give 
                the Commission authority over activities that are 
                otherwise outside the jurisdiction of the FTC Act.
    (b) Enforcement by Certain Other Agencies.--
            (1) In general.--Compliance with section 5 of this Act 
        shall be enforced under--
                    (A) section 8 of the Federal Deposit Insurance Act 
                (12 U.S.C. 1818), in the case of--
                            (i) national banks, and Federal branches 
                        and Federal agencies of foreign banks, by the 
                        Office of the Comptroller of the Currency;
                            (ii) member banks of the Federal Reserve 
                        System (other than national banks), branches 
                        and agencies of foreign banks (other than 
                        Federal branches, Federal agencies, and insured 
                        State branches of foreign banks), commercial 
                        lending companies owned or controlled by 
                        foreign banks, and organizations operating 
                        under section 25 or 25A of the Federal Reserve 
                        Act (12 U.S.C. 601 et seq. and 611 et seq.), by 
                        the Federal Reserve Board; and
                            (iii) banks insured by the Federal Deposit 
                        Insurance Corporation (other than members of 
                        the Federal Reserve System) and insured State 
                        branches of foreign banks, by the Board of 
                        Directors of the Federal Deposit Insurance 
                        Corporation;
                    (B) section 8 of the Federal Deposit Insurance Act 
                (12 U.S.C. 1818), by the Director of the Office of 
                Thrift Supervision, in the case of a savings 
                association the deposits of which are insured by the 
                Federal Deposit Insurance Corporation;
                    (C) the Federal Credit Union Act (12 U.S.C. 1751 et 
                seq.) by the National Credit Union Administration Board 
                with respect to any Federal credit union;
                    (D) part A of subtitle VII of title 49, United 
                States Code, by the Secretary of Transportation with 
                respect to any air carrier or foreign air carrier 
                subject to that part;
                    (E) the Packers and Stockyards Act, 1921 (7 U.S.C. 
                181 et seq.) (except as provided in section 406 of that 
                Act (7 U.S.C. 226, 227)), by the Secretary of 
                Agriculture with respect to any activities subject to 
                that Act;
                    (F) the Farm Credit Act of 1971 (12 U.S.C. 2001 et 
                seq.) by the Farm Credit Administration with respect to 
                any Federal land bank, Federal land bank association, 
                Federal intermediate credit bank, or production credit 
                association; and
                    (G) the Communications Act of 1934 (47 U.S.C. 151 
                et seq.) by the Federal Communications Commission with 
                respect to any person subject to the provisions of that 
                Act.
            (2) Exercise of certain powers.--For the purpose of the 
        exercise by any agency referred to in paragraph (1) of its 
        powers under any Act referred to in that paragraph, a violation 
        of section 5 of this Act is deemed to be a violation of a 
        requirement imposed under that Act. In addition to its powers 
        under any provision of law specifically referred to in 
        paragraph (1), each of the agencies referred to in that 
        paragraph may exercise, for the purpose of enforcing compliance 
        with any requirement imposed under section 5 of this Act, any 
        other authority conferred on it by law.
    (c) Enforcement by States.--
            (1) Civil action.--In any case in which the attorney 
        general of a State has reason to believe that an interest of 
        the residents of that State has been or is threatened or 
        adversely affected by any person engaging in a practice that 
        violates section 5 of this Act, the State, as parens patriae, 
        may bring a civil action on behalf of the residents of the 
        State in a district court of the United States of appropriate 
        jurisdiction or in any other court of competent jurisdiction--
                    (A) to enjoin that practice, or
                    (B) to obtain damages on behalf of residents of the 
                State, in an amount equal to the greater of--
                            (i) the actual monetary loss suffered by 
                        such residents; or
                            (ii) the amount determined under paragraph 
                        (2).
            (2) Statutory damages.--For purposes of paragraph 
        (1)(B)(ii), the amount determined under this paragraph is the 
        smaller of--
                    (A) the amount determined by multiplying the number 
                of willful, knowing, or negligent violations by an 
                amount, in the discretion of the court, of up to $10 
                (with each separately addressed unlawful message 
                received by such residents treated as a separate 
                violation); or
                    (B) $500,000.
        In determining the per-violation penalty under this paragraph, 
        the court shall take into account the degree of culpability, 
        any history of prior such conduct, ability to pay, effect on 
        ability to continue to do business, and such other matters as 
        justice may require.
            (3) Treble damages.--If the court finds that the defendant 
        committed the violation willfully and knowingly, the court may 
        increase the amount recoverable under paragraph (2) up to 
        threefold.
            (4) Attorney fees.--In the case of any successful action 
        under subparagraph (1), the State shall be awarded the costs of 
        the action and reasonable attorney fees as determined by the 
        court.
            (5) Notice.--
                    (A) Pre-filing.--Before filing an action under 
                paragraph (1), an attorney general shall provide to the 
                Commission--
                            (i) written notice of that action; and
                            (ii) a copy of the complaint for that 
                        action.
                    (B) Contemporaneous.--If an attorney general 
                determines that it is not feasible to provide the 
                notice required by subparagraph (A) before filing the 
                action, the notice and a copy of the complaint shall be 
                provided to the Commission when the action is filed.
            (6) Intervention.--If the Commission receives notice under 
        paragraph (4), it--
                    (A) may intervene in the action that is the subject 
                of the notice; and
                    (B) shall have the right--
                            (i) to be heard with respect to any matter 
                        that arises in that action; and
                            (ii) to file a petition for appeal.
            (7) Construction.--For purposes of bringing any civil 
        action under paragraph (1), nothing in this Act shall be 
        construed to prevent an attorney general of a State from 
        exercising the powers conferred on the attorney general by the 
        laws of that State to--
                    (A) conduct investigations;
                    (B) administer oaths or affirmations; or
                    (C) compel the attendance of witnesses or the 
                production of documentary and other evidence.
            (8) Venue; service of process.--
                    (A) Venue.--Any action brought under paragraph (1) 
                may be brought in the district court of the United 
                States that meets applicable requirements relating to 
                venue under section 1391 of title 28, United States 
                Code.
                    (B) Service of process.--In an action brought under 
                paragraph (1), process may be served in any district in 
                which the defendant--
                            (i) is an inhabitant; or
                            (ii) maintains a physical place of 
                        business.
            (9) Limitation on state action while federal action is 
        pending.--If the Commission or other appropriate Federal agency 
        under subsection (b) has instituted a civil action or an 
        administrative action for violation of this Act, no State 
        attorney general may bring an action under this subsection 
        during the pendency of that action against any defendant named 
        in the complaint of the Commission or the other agency for any 
        violation of this Act alleged in the complaint.
    (d) Action by Provider of Internet Access Service.--
            (1) Action authorized.--A provider of Internet access 
        service adversely affected by a violation of section 5 may 
        bring a civil action in any district court of the United States 
        with jurisdiction over the defendant, or in any other court of 
        competent jurisdiction, to--
                    (A) enjoin further violation by the defendant; or
                    (B) recover damages in any amount equal to the 
                greater of--
                            (i) actual monetary loss incurred by the 
                        provider of Internet access service as a result 
                        of such violation; or
                            (ii) the amount determined under paragraph 
                        (2).
            (2) Statutory damages.--For purposes of paragraph 
        (1)(B)(ii), the amount determined under this paragraph is the 
        smaller of--
                    (A) the amount determined by multiplying the number 
                of willful, knowing, or negligent violations by an 
                amount, in the discretion of the court, of up to $10 
                (with each separately addressed unlawful message 
                carried over the facilities of the provider of Internet 
                access service treated as a separate violation); or
                    (B) $500,000.
        In determining the per-violation penalty under this paragraph, 
        the court shall take into account the degree of culpability, 
        any history of prior such conduct, ability to pay, effect on 
        ability to continue to do business, and such other matters as 
        justice may require.
            (3) Treble damages.--If the court finds that the defendant 
        committed the violation willfully and knowingly, the court may 
        increase the amount recoverable under paragraph (2) up to 
        threefold.
            (4) Attorney fees.--In any action brought pursuant to 
        paragraph (1), the court may, in its discretion, require an 
        undertaking for the payment of the costs of such action, and 
        assess reasonable costs, including reasonable attorneys' fees, 
        against any party.
            (5) Evidentiary presumption.--For purposes of an action 
        alleging a violation of section 5(a)(4) or 5(a)(5), a showing 
        that a recipient has submitted a complaint about a commercial 
        electronic mail message to an electronic mail address 
        maintained and publicized by the provider of Internet access 
        service for the purpose of receiving complaints about 
        unsolicited commercial electronic mail messages shall create a 
        rebuttable presumption that the message in question was 
        unsolicited within the meaning of this Act.
    (e) Affirmative Defense.--A person shall not be liable for damages 
under subsection (c)(2) or (d)(2) if--
            (1) such person has established and implemented, with due 
        care, reasonable practices and procedures to effectively 
        prevent violations of section 5; and
            (2) any violation occurred despite good faith efforts to 
        maintain compliance with such practices and procedures.

SEC. 7. EFFECT ON OTHER LAWS.

    (a) Federal Law.--Nothing in this Act shall be construed to impair 
the enforcement of section 223 or 231 of the Communications Act of 
1934, chapter 71 (relating to obscenity) or 110 (relating to sexual 
exploitation of children) of title 18, United States Code, or any other 
Federal criminal statute.
    (b) State Law.--No State or local government may impose any civil 
liability for commercial activities or actions in interstate or foreign 
commerce in connection with an activity or action described in section 
5 of this Act that is inconsistent with or more restrictive than the 
treatment of such activities or actions under this Act, except that 
this Act shall not preempt any civil action under--
            (1) State trespass, contract, or tort law; or
            (2) any provision of Federal, State, or local criminal law 
        or any civil remedy available under such law that relates to 
        acts of computer fraud perpetrated by means of the unauthorized 
        transmission of unsolicited commercial electronic mail 
        messages, provided that the mere sending of unsolicited 
        commercial electronic mail in a manner that complies with this 
        Act shall not constitute an act of computer fraud for purposes 
        of this subparagraph.

SEC. 8. STUDY OF EFFECTS OF UNSOLICITED COMMERCIAL ELECTRONIC MAIL.

    Not later than 18 months after the date of the enactment of this 
Act, the Commission, in consultation with the Department of Justice and 
other appropriate agencies, shall submit a report to the Congress that 
provides a detailed analysis of the effectiveness and enforcement of 
the provisions of this Act and the need (if any) for the Congress to 
modify such provisions.

SEC. 9. SEPARABILITY.

    If any provision of this Act or the application thereof to any 
person or circumstance is held invalid, the remainder of this Act and 
the application of such provision to other persons or circumstances 
shall not be affected.

SEC. 10. EFFECTIVE DATE.

    The provisions of this Act shall take effect 120 days after the 
date of the enactment of this Act.
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