[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1052 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 1052
To ensure that recipients of unsolicited bulk commercial electronic
mail can identify the sender of such electronic mail, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 13, 2003
Mr. Nelson of Florida introduced the following bill; which was read
twice and referred to the Committee on Commerce, Science, and
TransportationYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYYY
_______________________________________________________________________
A BILL
To ensure that recipients of unsolicited bulk commercial electronic
mail can identify the sender of such electronic mail, 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 ``Ban on Deceptive Unsolicited Bulk
Electronic Mail Act of 2003''.
SEC. 2. DECEPTIVE UNSOLICITED ELECTRONIC MAIL.
(a) Violations.--It shall be unlawful for any person to knowingly
and intentionally use a computer or computer network to--
(1) falsify or forge electronic mail transmission
information or other source, destination, routing, or subject
heading information in any manner in connection with the
transmission of unsolicited bulk commercial electronic mail
through, or into, the computer network of an electronic mail
service provider or its subscribers;
(2) transmit an electronic mail message to a recipient who
requests not to receive unsolicited bulk commercial electronic
mail; or
(3) collect electronic mail addresses from public and
private spaces for the purpose of transmitting unsolicited bulk
commercial electronic mail.
(b) Penalty.--Any violation of subsection (a) shall be--
(1) considered a predicate offense for the purposes of
applying the Racketeering Influenced and Corrupt Organization
Act (RICO) (18 U.S.C. 1961 et seq.);
(2) constitute an unfair or deceptive act or practice in
violation of section 5(a) of the Federal Trade Commission Act
(15 U.S.C. 45(a)); and
(3) punishable by--
(A) a civil penalty; and
(B) a fine in accordance with title 18, United
States Code, or imprisonment for not more than 5 years,
or both.
(c) Opportunity to Option Out of Receiving Unsolicited Mail.--Any
person sending unsolicited bulk commercial electronic mail shall
provide recipients of such electronic mail a clear and conspicuous
opportunity to request not to receive future unsolicited electronic
mail.
(d) Definitions.--In this section:
(1) Electronic mail message.--The term ``electronic mail
message'' means a message sent to an electronic mail address.
(2) Electronic mail address.--The term ``electronic mail
address'' means a destination, commonly expressed as a string
of characters, consisting of a unique 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'') to which an electronic mail message can be sent or
delivered.
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