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H.R. 3114 (ih) To amend title XVIII of the Social Security Act to revise the update factor used in making payments to PPS hospitals under the Medicare Program. [Introduced in House] ...


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                                                 Union Calendar No. 394
106th CONGRESS
  2d Session
                                H. R. 3113

                          [Report No. 106-700]

 To protect individuals, families, and Internet service providers from 
               unsolicited and unwanted electronic mail.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 20, 1999

Mrs. Wilson (for herself, Mr. Green of Texas, Mr. Baker, Mr. Barrett of 
Wisconsin, Mr. Blunt, Mr. Boucher, Mrs. Cubin, Mr. Deal of Georgia, Mr. 
   Ehrlich, Mr. English, Mr. Gillmor, Mr. Gordon, Mr. Greenwood, Mr. 
    Hastings of Washington, Mr. Klink, Mr. Luther, Ms. McCarthy of 
Missouri, Mr. McIntosh, Mr. Oxley, Mr. Rogan, Mr. Sandlin, Mr. Sawyer, 
 Mr. Shimkus, Mr. Stearns, Mr. Strickland, and Mr. Stupak) introduced 
  the following bill; which was referred to the Committee on Commerce

                             June 26, 2000

 Additional sponsors: Mr. Udall of New Mexico, Mr. Wynn, Mr. Barton of 
 Texas, Mr. Bilbray, Mr. Tauzin, Mr. Largent, Mr. Pickering, Mr. Gary 
Miller of California, Mr. Holt, Mr. Pitts, Mr. Sessions, Mr. Aderholt, 
Mr. Goodlatte, Mr. Weller, Mr. Moore, Mr. Frelinghuysen, Mr. Wolf, Mr. 
    Gejdenson, Mr. Kildee, Mr. Frost, Ms. Carson, Mr. Burr of North 
           Carolina, Mr. Bryant, Mr. Cramer, and Mr. Schaffer

                             June 26, 2000

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
[For text of introduced bill, see copy of bill as introduced on October 
                               20, 1999]

_______________________________________________________________________

                                 A BILL


 
 To protect individuals, families, and Internet service providers from 
               unsolicited and unwanted electronic mail.

    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 ``Unsolicited Commercial Electronic 
Mail Act of 2000''.

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 an 
        important 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 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 Internet 
        access service.
            (6) While some senders of unsolicited commercial electronic 
        mail messages provide simple and reliable ways 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) Many senders of unsolicited commercial electronic mail 
        collect or harvest electronic mail addresses of potential 
        recipients without the knowledge of those recipients and in 
        violation of the rules or terms of service of the database from 
        which such addresses are collected.
            (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) 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 
        assembly, 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) Internet service providers should not be compelled to 
        bear the costs of unsolicited commercial electronic mail 
        without compensation from the sender; and
            (3) recipients of unsolicited commercial electronic mail 
        have a right to decline to receive or have their children 
        receive unsolicited commercial electronic mail.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Children.--The term ``children'' includes natural 
        children, stepchildren, adopted children, and children who are 
        wards of or in custody of the parent, who have not attained the 
        age of 18 and who reside with the parent or are under his or 
        her care, custody, or supervision.
            (2) Commercial electronic mail message.--The term 
        ``commercial electronic mail message'' means any electronic 
        mail message that primarily advertises or promotes the 
        commercial availability of a product or service for profit or 
        invites the recipient to view content on an Internet web site 
        that is operated for a commercial purpose. 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 initiator.
            (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) Internet.--The term ``Internet'' has the meaning given 
        that term in section 231(e)(3) of the Communications Act of 
        1934 (47 U.S.C. 231(e)(3)).
            (7) 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)).
            (8) Initiate.--The term ``initiate'', when used with 
        respect to a commercial electronic mail message, means to 
        originate such message or to procure the transmission of such 
        message.
            (9) Initiator.--The term ``initiator'', when used with 
        respect to a commercial electronic mail message, means the 
        person who initiates such message. Such term does not include a 
        provider of an Internet access service whose role is limited to 
        handling, transmitting, or retransmitting the message.
            (10) Pre-existing business relationship.--The term ``pre-
        existing business relationship'' means, when used with respect 
        to the initiator and recipient of a commercial electronic mail 
        message, that either of the following circumstances exist:
                    (A) Previous business transaction.--
                            (i) Within the 5-year period ending upon 
                        receipt of such message, there has been a 
                        business transaction between the initiator and 
                        the recipient (including a transaction 
                        involving the provision, free of charge, of 
                        information requested by the recipient, of 
                        goods, or of services); and
                            (ii) the recipient was, at the time of such 
                        transaction or thereafter, provided a clear and 
                        conspicuous notice of an opportunity not to 
                        receive further messages from the initiator and 
                        has not exercised such opportunity.
                    (B) Opt in.--The recipient has given the initiator 
                permission to initiate commercial electronic mail 
                messages to the electronic mail address of the 
                recipient and has not subsequently revoked such 
                permission.
            (11) Recipient.--The term ``recipient'', when used with 
        respect to a commercial electronic mail message, means the 
        addressee of such message.
            (12) Unsolicited commercial electronic mail message.--The 
        term ``unsolicited commercial electronic mail message'' means 
        any commercial electronic mail message that is sent by the 
        initiator to a recipient with whom the initiator does not have 
        a pre-existing business relationship.

SEC. 4. PROTECTIONS AGAINST UNSOLICITED COMMERCIAL ELECTRONIC MAIL.

    (a) Requirements for Transmission of Messages.--
            (1) Inclusion of return address.--It shall be unlawful for 
        any person to initiate the transmission of an unsolicited 
        commercial electronic mail message to any person within the 
        United States unless such message contains a valid electronic 
        mail address, conspicuously displayed, to which a recipient may 
        send a reply to the initiator to indicate a desire not to 
        receive any further messages.
            (2) Prohibition of transmission after objection.--If a 
        recipient makes a request to a person to be removed from all 
        distribution lists under the control of such person, it shall 
        be unlawful for such person to initiate the transmission of an 
        unsolicited commercial electronic mail message to such a 
        recipient within the United States after the expiration, after 
        receipt of such request, of a reasonable period of time for 
        removal from such lists. Such a request shall be deemed to 
        terminate a pre-existing business relationship for purposes of 
        determining whether subsequent messages are unsolicited 
        commercial electronic mail messages.
            (3) Accurate routing information.--It shall be unlawful for 
        any person who initiates the transmission of any unsolicited 
        commercial electronic mail message to any person within the 
        United States to take any action that causes any Internet 
        routing information contained in or accompanying such message--
                    (A) to be inaccurate;
                    (B) to be invalid according to the prevailing 
                standards for Internet protocols; or
                    (C) to fail to accurately reflect the routing of 
                such message.
            (4) Inclusion of identifier and opt-out.--It shall be 
        unlawful for any person to initiate the transmission of any 
        unsolicited commercial electronic mail message to any person 
        within the United States unless the message provides, in a 
        manner that is clear and conspicuous to the recipient--
                    (A) identification that the message is an 
                unsolicited commercial electronic mail message; and
                    (B) notice of the opportunity under paragraph (2) 
                not to receive further unsolicited commercial 
                electronic mail messages from the initiator.
    (b) Enforcement of Policies by Internet Access Service Providers.--
            (1) Authority to establish policies.--A provider of 
        Internet access service may enforce a policy regarding 
        unsolicited commercial electronic mail messages, but only if 
        such policy complies with the requirements of paragraph (3).
            (2) Prohibition of transmissions in violation of posted 
        policy.--It shall be unlawful for any person to initiate the 
        transmission of an unsolicited commercial electronic mail 
        message to any person within the United States in violation of 
        a policy governing the use of the equipment of a provider of 
        Internet access service for transmission of unsolicited 
        commercial electronic mail messages that meets the requirements 
        of paragraph (3).
            (3) Requirements for enforceability.--The requirements 
        under this paragraph for a policy regarding unsolicited 
        commercial electronic mail messages are as follows:
                    (A) Clarity.--The policy shall explicitly provide 
                that compliance with a rule or set of rules is a 
                condition of use of the equipment of a provider of 
                Internet access service to deliver commercial 
                electronic mail messages.
                    (B) Public availability.--The policy shall be 
                publicly available by at least one of the following 
                methods:
                            (i) Web posting.--The policy is clearly and 
                        conspicuously posted on a World Wide Web site 
                        of the provider of Internet access service, 
                        which has an Internet domain name that is 
                        identical to the Internet domain name of the 
                        electronic mail address to which the rule or 
                        set of rules applies.
                            (ii) Notification in compliance with 
                        technological standard.--Such policy is made 
                        publicly available by the provider of Internet 
                        access service in accordance with a 
                        technological standard adopted by an 
                        appropriate Internet standards setting body 
                        (such as the Internet Engineering Task Force) 
                        and recognized by the Commission by rule as a 
                        fair standard.
                    (C) Internal opt-out list.--If the policy of a 
                provider of Internet access service requires 
                compensation specifically for the transmission of 
                unsolicited commercial electronic mail messages into 

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