| Home > 106th Congressional Bills > 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] ...
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] ...
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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