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] ...

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                                                  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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