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 'E-Mail User Protection Act'.

SEC. 2. LIMITATIONS ON THE USE OF UNSOLICITED BULK E-MAIL.

(a) PROHIBITION- It shall be unlawful for any person, using any means or instrumentality of, or affecting, interstate or foreign commerce--

(1) to initiate the transmission of a unsolicited bulk electronic mail message that contains a false, fictitious, or misappropriated name of the sender, electronic mail return address, or name and phone number of a telephone contact person;

(2) to initiate the transmission of a unsolicited bulk electronic mail message to an interactive computer service with knowledge that such message falsifies an Internet domain, header information, date or time stamp, originating e-mail address or other identifier;

(3) to initiate the transmission of an unsolicited bulk electronic mail message and to fail to comply with the request of the recipient of the message, delivered to the sender's electronic mail address, that the recipient does not wish to receive such messages;

(4) to use, create, sell, or distribute any computer software that is primarily designed to create, on an electronic mail message, false Internet domain, header information, date or time stamp, originating e-mail address or other identifier.

(b) VIOLATIONS-

(1) CIVIL FINES- Whoever knowingly violates subsection (a) shall be fined not more than the greater of (1) $50 for each message delivered in violation of such subsection, or (2) $10,000 for each day the violation continues.

(2) CRIMINAL SANCTIONS- Whoever--

(A) intentionally violates subsection (a)(1) by misappropriating the name or electronic mail return address of another person; or

(B) intentionally violates subsection (a)(3) by initiating the transmission of unsolicited electronic mail to an individual who has specifically communicated to the violator that individual's desire not to receive such mail;

shall be fined under title 18, United States Code, or imprisoned not more than one year, or both.

SEC. 3. ENFORCEMENT

The Federal Trade Commission shall have the power to enforce a violation of section 2 as an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57(a)(1)(B)).

SEC. 4. RIGHT OF ACTION AND RECOVERY OF CIVIL DAMAGES.

(a) RIGHT OF ACTION-

(1) ACTIONS BY INTERACTIVE COMPUTER SERVICES- Any interactive computer service that has been adversely affected by a violation of section 2(a)(2) may recover in a civil action from the person or entity that engaged in such violation such relief as may be appropriate.

(2) ACTIONS BY RECIPIENTS- Any person or entity that has received an unsolicited bulk email and been adversely affected by a violation of section 2 may recover in a civil action from the person or entity that engaged in such violation such relief as may be appropriate.

(b) RELIEF-

(1) ACTIONS BY INTERACTIVE COMPUTER SERVICES- In an action under subsection (a)(1), appropriate relief includes--

(A) such preliminary and other equitable or declaratory relief as may be appropriate, including an injunction against future violations;

(B) actual monetary loss from a violation, statutory damages of not more than the greater of --

(i) $50 for each message delivered in violation of section 2(a)(2); or

(ii) $10,000 for each day during which the violation continues; and

(C) a reasonable attorney's fee and other litigation costs reasonably incurred.

(2) ACTIONS BY RECIPIENTS- In an action under subsection (a)(2), appropriate relief includes--

(A) such preliminary and other equitable or declaratory relief as may be appropriate, including an injunction against future violations;

(B) actual monetary loss from a violation, statutory damages of $50 for each message delivered in violation of section 2(a)(2); and

(C) a reasonable attorney's fee and other litigation costs reasonably incurred.

SEC. 5. DEFINITIONS.

For purposes of this Act:

(1) UNSOLICITED BULK ELECTRONIC MAIL MESSAGE- The term 'unsolicited bulk electronic mail message' means any electronic mail message initiated by any person for commercial purposes, except for--

(A) electronic mail sent to others with whom such person has a prior relationship, including a prior business relationship; or

(B) electronic mail sent to a recipient if such recipient, or someone authorized by them, has at any time affirmatively requested to receive communications from that source.

(2) ELECTRONIC MAIL ADDRESS- The term 'electronic mail address' means a destination on the Internet (commonly expressed as a string of characters) to which electronic mail can be sent or delivered.

(3) INTERACTIVE COMPUTER SERVICE- The term 'interactive computer service' has the meaning given that term in section 230(e)(2) of the Communications Act of 1934 (47 U.S.C. 230(e)(2)).

(4) INTERNET DOMAIN- The term 'Internet domain' means a specific computer system (commonly referred to as a 'host') or collection of computer systems that the Internet can reference, that are assigned a specific reference point on the Internet (commonly referred to as an 'Internet domain name'), and that are registered with an organization that the Internet industry recognizes as a registrar of Internet domains.

(5) INITIATES THE TRANSMISSION- The term 'initiates the transmission,' in the case of an electronic mail message, means to originate the electronic mail message, and excludes the actions of any interactive computer service whose facilities or services are used by another person to transmit, relay, or otherwise handle such message.

SEC. 6. EFFECTIVE DATE.

The provisions of this Act shall take effect 45 days after the date of enactment of this Act.

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