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S. 1232 (is) To amend the Internal Revenue Code of 1986 to exclude length of service [Introduced in Senate] ...
108th CONGRESS 1st Session S. 1231 To eliminate the burdens and costs associated with electronic mail spam by prohibiting the transmission of all unsolicited commercial electronic mail to persons who place their electronic mail addresses on a national No-Spam Registry, and to prevent fraud and deception in commercial electronic mail by imposing requirements on the content of all commercial electronic mail messages. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES June 11, 2003 Mr. Schumer introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation _______________________________________________________________________ A BILL To eliminate the burdens and costs associated with electronic mail spam by prohibiting the transmission of all unsolicited commercial electronic mail to persons who place their electronic mail addresses on a national No-Spam Registry, and to prevent fraud and deception in commercial electronic mail by imposing requirements on the content of all commercial electronic mail messages. 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 ``Stop Pornography and Abusive Marketing Act'' or the ``SPAM Act''. SEC. 2. FINDINGS. Congress finds the following: (1) Electronic mail is an increasingly valuable tool for personal and commercial communication. Unsolicited commercial electronic mail (UCE), commonly known as spam, however, has become an impediment to efficient electronic mail use and creates problems for all types of users and organizations, including Internet Service Providers, individual users, and corporate organizations. (2) UCE often contains objectionable, fraudulent, and offensive content. The Federal Trade Commission reports that over 60 percent of all UCE contains false, misleading, or deceptive information. Nearly one-fourth contains sexually explicit imagery. Parents have little ability to prevent these images from reaching their child's electronic mail in-box. (3) Consumers increasingly ignore or delete legitimate commercial messages as they face an ever increasing amount of UCE. If the vitality and force of the Internet and electronic mail are to be preserved as a tool for commercial communication, UCE must be curbed. (4) UCE is also a severe financial concern. Lost productivity, increased spending on technology systems and personnel, and personal frustration are some of the costs associated with UCE. (5) Despite the increasing deployment of anti-spam services and technology, the number and size of spam messages are growing faster than ever. In 1999, the average electronic mail user received just 40 pieces of UCE per year. In 2003, the number is expected to pass 2,500. Experts estimate as much as 70 percent of electronic mail traffic qualifies as UCE. (6) Existing anti-spam service solutions alone are insufficient to stop the growth of spam. Despite the fact that Internet Service Providers spend millions of dollars each year on research, filtering and other anti-spam software, and larger servers to deal with the ever expanding volume of UCE, current technology alone cannot control the spam problem. (7) Federal law does not specifically address UCE and leaves Federal and State law enforcement and consumers with inadequate redress for the problem. SEC. 3. PURPOSES. The purposes of this Act are to-- (1) preserve electronic mail as a vital tool in interstate commerce by-- (A) reducing the costs associated with UCE; (B) reducing the amount of UCE; and (C) eliminating false, misleading, and deceptive content in all commercial electronic mail; and (2) give consumers control over their in-boxes. SEC. 4. DEFINITIONS. In this Act: (1) Affirmative consent.--The term ``affirmative consent'', when used with respect to a commercial electronic mail message, means-- (A) the message falls within the scope of an express and unambiguous invitation or permission granted by the recipient and not subsequently revoked; (B) the recipient had clear and conspicuous notice, at the time such invitation or permission was granted, of-- (i) the fact that the recipient was granting the invitation or permission; (ii) the scope of the invitation or permission, including what types of commercial electronic mail messages would be covered by the invitation or permission and what senders, if any, other than the party to whom the invitation or permission was communicated would be covered by the invitation or permission; and (iii) a reasonable and effective mechanism for revoking the invitation or permission; and (C) the recipient has not, after granting the invitation or permission, submitted a request under section 204 not to receive unsolicited commercial electronic mail messages from the sender of the message. (2) Commercial electronic mail message.--The term ``commercial electronic mail message'' means any electronic mail message the primary purpose of which is to advertise or promote, for a commercial purpose, a commercial product or service (including content on an Internet website). (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 mail 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) Electronic mail service.--The term ``electronic mail service'' means a service for the transmission of electronic mail messages that receives the content of, and recipient list for, electronic mail messages that it sends from the person or entity procuring such services. For purposes of this Act, to be an electronic mail service, such service must retain identifying information about the person or entity procuring services and cooperate with law enforcement actions brought under this Act. (7) Functioning return electronic mail address.-- (A) The term ``functioning return electronic mail address'' means a legitimately obtained electronic mail address, clearly and conspicuously displayed in an electronic mail message, that-- (i) remains capable of receiving messages for no less than 30 days after the transmission of such commercial electronic mail message; and (ii) that has capacity reasonably calculated, in light of the number of recipients of the electronic mail message, to enable it to receive the full expected quantity of reply messages from such recipients. (B) An electronic mail address that meets the requirements of subparagraph (A) shall not be excluded from this definition because of a temporary inability to receive electronic mail messages due to technical problems, provided steps are taken to correct such technical problems within a reasonable time period. (8) Header information.--The term ``header information'' means the source, destination, and routing information, or information authenticating the sender, associated with an electronic mail message, including the originating domain name, originating electronic mail address, information regarding any part of the route that an electronic mail message travels or appears to travel on the Internet or on an online service, or other authenticating information. (9) Implied consent.--The term ``implied consent'', when used with respect to a commercial electronic mail message, means-- (A) within the 3-year period ending upon receipt of such message, there has been a business transaction between the sender and the recipient (including a transaction involving the provision, free of charge, of information, goods, or services requested by the recipient); and (B) the recipient was, at the time of such transaction or thereafter, provided a clear and conspicuous notice of an opportunity not to receive commercial electronic mail messages from the sender and has not exercised such opportunity. (10) Initiate.--The term ``initiate'' means to originate an electronic mail message or to procure the origination of such message, regardless of whether the message reaches its intended recipients, and does not include the actions of an Internet access service or an electronic mail service used by another person for the transmission of an electronic mail message for which another person has provided and selected the recipient electronic mail addresses. For purposes of this Act, more than 1 person may be considered to have initiated the same message. (11) Internet.--The term ``Internet'' has the meaning given that term in the Internet Tax Freedom Act (Public Law 105-277, div. C, title XI, Sec. 1101(e)(3)(c)). (12) 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)). (13) Protected computer.--The term ``protected computer'' has the meaning given that term in section 1030(e)(2) of title 18, United States Code. (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 1 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) Registered electronic mail address.--The term ``registered electronic mail address'' means an electronic mail address which has been placed on the No-Spam Registry administered by the Federal Trade Commission by the owner of the electronic mail address. (16) Routine conveyance.--The term ``routine conveyance'' means the transmission, routing, relaying, handling, or storing, through an automatic technical process, of an electronic mail message for which another person has provided and selected the recipient addresses. (17) Sender.--The term ``sender'', when used with respect to a commercial electronic mail message or an unsolicited commercial electronic mail message, means a person who initiates such a message and whose product, service, or Internet web site is advertised or promoted by the message, but does not include any person, including a provider of Internet access service or electronic mail service, whose role with respect to the message is limited to routine conveyance of the message. (18) Unsolicited commercial electronic mail message; uce.-- (A) In general.--The terms ``unsolicited commercial electronic mail message'' and ``UCE'' mean any commercial electronic mail message that is sent to a recipient-- (i) without prior affirmative consent or implied consent from the recipient; or (ii) to a recipient who, subsequent to the establishment of affirmative or implied consent under clause (i), has expressed, in a reply submitted pursuant to section 204, or in response to any other opportunity the sender may have provided to the recipient, a desire not to receive commercial electronic mail messages from the sender. (B) Exclusion.--Notwithstanding subparagraph (A), the term ``unsolicited commercial electronic mail message'' does not include an electronic mail message sent by or on behalf of one or more lawful owners of copyright, patent, publicity, or trademark rights to an unauthorized user of protected material notifying such user that the use is unauthorized and requesting that the use be terminated or that permission for such use be obtained from the rights holder or holders. TITLE I--PROTECTION FROM UNSOLICITED ELECTRONIC MAIL SEC. 101. ESTABLISHMENT OF THE NATIONAL NO-SPAM REGISTRY. (a) In General.--The Commission shall establish a registry (referred to in this section as the ``Registry'') in which any person that does not wish to receive unsolicited commercial electronic mail may register electronic mail addresses. (b) Registration.--The Commission shall permit any person to register the electronic mail addresses of the person, or the electronic mail addresses over which the person has authority or control, including registration by electronic mail, on the Registry. (c) Registration by Parent.--The Commission shall permit a parent, legal guardian, or other person with control or authority over electronic mail addresses to which minor children have access, to register such addresses. (d) Prohibition on Unsolicited Commercial Electronic Mail to Registered Addresses.--Except as otherwise authorized by the Commission in regulations prescribed under this section, it shall be unlawful for a person to initiate UCE to a registered electronic mail address. SEC. 102. ENFORCEMENT. (a) Enforcement Powers.-- (1) In general.--The Commission shall enforce this section as part of its duties under the Federal Trade Commission Act (15 U.S.C. 41 et seq.). (2) Reporting of violations.--For purposes of the
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