| Home > 107th Congressional Bills > H.R. 719 (ih) To amend the Elementary and Secondary Education Act of 1965 to ensure that senior citizens are given an opportunity to serve as mentors, tutors, and volunteers for certain programs. [Introduced in House] ...
H.R. 719 (ih) To amend the Elementary and Secondary Education Act of 1965 to ensure that senior citizens are given an opportunity to serve as mentors, tutors, and volunteers for certain programs. [Introduced in House] ...
Union Calendar No. 43 107th CONGRESS 1st Session H. R. 718 [Report No. 107-41, Parts I and II] To protect individuals, families, and Internet service providers from unsolicited and unwanted electronic mail. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES February 14, 2001 Mrs. Wilson (for herself, Mr. Green of Texas, Mr. Gary Miller of California, Mr. Goodlatte, Mr. Pickering, Mr. Deal of Georgia, Mr. Largent, Mr. Fossella, Mr. Walden of Oregon, Mr. Bryant, Mr. Tauzin, Mr. Gillmor, Mr. Frelinghuysen, Ms. Carson of Indiana, Mr. Kildee, Mr. English, Mr. Levin, Mr. Simmons, Ms. Eshoo, Mr. Hinchey, Mr. Terry, Mr. Rush, Mr. Bonior, Mr. Horn, Mrs. Emerson, Mr. Engel, Mrs. Jo Ann Davis of Virginia, Ms. DeGette, Ms. Harman, Mr. Moore, Mr. Shimkus, Mr. Barrett, Mr. Boucher, Mr. Greenwood, Ms. McCarthy of Missouri, Mr. Cramer, Mr. Sessions, Mr. Gordon, Mr. Shows, Mr. Frank, Ms. McKinney, Mr. Holt, Mr. Sandlin, Mr. Sawyer, Mr. Strickland, Mr. Weller, Mr. King, Mr. Baker, Ms. Hart, Mr. Pitts, Mr. Udall of New Mexico, Mr. Luther, Mr. Reyes, Ms. Pelosi, Mr. Frost, Mr. Ehrlich, Mr. Burr of North Carolina, Mr. Aderholt, Mr. Wolf, Mr. Isakson, Mrs. Cubin, Mr. Barton of Texas, Mr. Stearns, Mr. Oxley, Ms. Dunn, Mr. Hastings of Washington, Mr. Stupak, and Mr. Blunt) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned April 4, 2001 Reported from the Committee on Energy and Commerce with an amendment [Strike out all after the enacting clause and insert the part printed in italic] April 4, 2001 Referral to the Committee on the Judiciary extended for a period ending not later than June 5, 2001 June 5, 2001 Additional sponsors: Mr. Hall of Texas, Mr. Skeen, Mr. Skelton, Mr. Sweeney, Mr. McHugh, Mr. Honda, Mr. Davis of Florida, Mr. Blumenauer, Mr. Bentsen, Mr. Radanovich, Mr. Hayworth, Ms. Hooley of Oregon, Mr. Baldacci, Mrs. Biggert, Mr. Thornberry, Ms. Granger, Ms. Pryce of Ohio, Mr. Hunter, Mr. Cunningham, Mr. Hayes, Mr. Watkins, Mr. Ehlers, Mr. Doolittle, Mr. Whitfield, Mr. Brady of Texas, Mr. Lewis of Kentucky, Ms. Schakowsky, Mr. Graham, Mr. Chabot, Mr. Flake, Mr. Issa, Mr. Berman, Mr. Crenshaw, Mr. Langevin, Mr. Ramstad, Mr. Gibbons, Ms. Jackson-Lee of Texas, Mr. Souder, Mr. Gilman, Mr. Dingell, Mr. DeLay, Mr. Brown of South Carolina, Mr. Riley, Mr. Grucci, Mr. Walsh, Mr. Sherwood, and Mr. Shuster June 5, 2001 Reported from the Committee on the Judiciary 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 boldface roman] [For text of introduced bill, see copy of bill as introduced on February 14, 2001] _______________________________________________________________________ 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 2001''. 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) Affiliate.--The term ``affiliate'' means, with respect to an entity, any other entity that-- (A) controls, is controlled by, or is under common control with such entity; and (B) provides marketing information to, receives marketing information from, or shares marketing information with such entity. (2) 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. (3) 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. (4) Commission.--The term ``Commission'' means the Federal Trade Commission. (5) 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. (6) 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''). (7) FTC Act.--The term ``FTC Act'' means the Federal Trade Commission Act (15 U.S.C. 41 et seq.). (8) Initiate.--The term ``initiate'', when used with respect to a commercial electronic mail message, means to originate such message or to procure the origination 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, or any other person, whose role with respect to the message is limited to the transmission, routing, relaying, handling, or storing, through an automatic technical process, of a message originated by others. (10) 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)). (11) 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)). (12) Recipient consent.--The term ``recipient consent'', when used with respect to a commercial electronic mail message, means that-- (A) the message falls within the scope of an express and unambiguous invitation or consent granted by the recipient and not subsequently revoked; (B) the recipient had clear and conspicuous notice, at the time such invitation or consent was granted, of-- (i) the fact that the recipient was granting the invitation or consent; (ii) the scope of the invitation or consent, including what types of commercial electronic mail messages would be covered by the invitation or consent and what senders or types of senders, if any, other than the party to whom the invitation or consent was communicated would be covered by the invitation or consent; and (iii) a reasonable and effective mechanism for revoking the invitation or consent; and (C) the recipient has not, after granting the invitation or consent, submitted a request under section 5(a)(1) not to receive unsolicited commercial electronic mail messages from the initiator. (13) 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-- (A) within the 5-year period ending upon receipt of such message, there has been a business transaction (including a transaction involving the provision, free of charge, of information, goods, or services, that were requested by the recipient) between-- (i) the initiator or any affiliate of the initiator; and (ii) the recipient; and (B) the recipient was, at the time of such transaction or thereafter or in the transmission of the commercial electronic mail message, provided a clear and conspicuous notice of an opportunity not to receive further messages from the initiator and any affiliates of the initiator and has not exercised such opportunity. (14) Recipient.--The term ``recipient'', when used with respect to a commercial electronic mail message, means the addressee of such message. If an addressee of a commercial electronic mail message has one or more electronic mail addresses in addition to the address to which the message was addressed, the addressee shall be treated as a separate recipient with respect to each such address. (15) Unsolicited commercial electronic mail message.--The term ``unsolicited commercial electronic mail message'' means any commercial electronic mail message that is sent to a recipient-- (A) without prior recipient consent; and (B)(i) with whom the initiator does not have a pre- existing business relationship; (ii) by an initiator or any affiliate of the initiator after the recipient requests, pursuant to section 5(a)(1), not to receive further commercial electronic mail messages from that initiator; or (iii) by a person or any affiliate of the person after the expiration of a reasonable period of time after the recipient requests, pursuant to section 5(a)(2), to be removed from the distribution lists under the control of a person. SEC. 4. CRIMINAL PENALTY FOR UNSOLICITED COMMERCIAL ELECTRONIC MAIL CONTAINING FRAUDULENT ROUTING INFORMATION. Section 1030 of title 18, United States Code, is amended-- (1) in subsection (a)(5)-- (A) in subparagraph (B), by striking ``or'' at the end;
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