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 Transportation

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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,

SEC. 101. 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.

END