Home > 104th Congressional Bills > S. 1294 (is) To amend title 10, United States Code, to repeal the requirement that [Introduced in Senate] ...

S. 1294 (is) To amend title 10, United States Code, to repeal the requirement that [Introduced in Senate] ...


Google
 
Web GovRecords.org








108th CONGRESS
  1st Session
                                S. 1293

      To criminalize the sending of predatory and abusive e-mail.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 19, 2003

  Mr. Hatch (for himself, Mr. Leahy, Mr. Schumer, Mr. Grassley, Mrs. 
Feinstein, Mr. DeWine, and Mr. Edwards) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
      To criminalize the sending of predatory and abusive e-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 ``Criminal Spam Act of 2003''.

SEC. 2. PROHIBITION AGAINST PREDATORY AND ABUSIVE COMMERCIAL E-MAIL.

    (a) Offense.--
            (1) In general.--Chapter 47 of title 18, United States 
        Code, is amended by adding at the end the following new 
        section:
``Sec. 1037. Fraud and related activity in connection with electronic 
              mail
    ``(a) In General.--Whoever, in or affecting interstate or foreign 
commerce, knowingly--
            ``(1) accesses a protected computer without authorization, 
        and intentionally initiates the transmission of multiple 
        commercial electronic mail messages from or through such 
        computer;
            ``(2) uses a protected computer to relay or retransmit 
        multiple commercial electronic mail messages, with the intent 
        to deceive or mislead recipients, or any Internet access 
        service, as to the origin of such messages;
            ``(3) falsifies header information in multiple commercial 
        electronic mail messages and intentionally initiates the 
        transmission of such messages; or
            ``(4) registers, using information that falsifies the 
        identity of the actual registrant, for 5 or more electronic 
        mail accounts or online user accounts or 2 or more domain 
        names, and intentionally initiates the transmission of multiple 
        commercial electronic mail messages from such accounts or 
        domain names;
or conspires to do so, shall be punished as provided in subsection (b).
    ``(b) Penalties.--The punishment for an offense under subsection 
(a) is--
            ``(1) a fine under this title, imprisonment for not more 
        than 5 years, or both, if--
                    ``(A) the offense is committed in furtherance of 
                any felony under the laws of the United States or of 
                any State; or
                    ``(B) the defendant has previously been convicted 
                under this section or section 1030, or under the law of 
                any State for conduct involving the transmission of 
                multiple commercial electronic mail messages or 
                unauthorized access to a computer system;
            ``(2) a fine under this title, imprisonment for not more 
        than 3 years, or both, if--
                    ``(A) the offense is an offense under subsection 
                (a)(1);
                    ``(B) the offense is an offense under subsection 
                (a)(4) and involved 20 or more falsified electronic 
                mail or online user account registrations, or 10 or 
                more falsified domain name registrations;
                    ``(C) the volume of electronic mail messages 
                transmitted in furtherance of the offense exceeded 
                2,500 during any 24-hour period, 25,000 during any 30-
                day period, or 250,000 during any 1-year period;
                    ``(D) the offense caused loss to 1 or more persons 
                aggregating $5,000 or more in value during any 1-year 
                period;
                    ``(E) as a result of the offense any individual 
                committing the offense obtained anything of value 
                aggregating $5,000 or more during any 1-year period; or
                    ``(F) the offense was undertaken by the defendant 
                in concert with 3 or more other persons with respect to 
                whom the defendant occupied a position of organizer or 
                leader; and
            ``(3) a fine under this title or imprisonment for not more 
        than 1 year, or both, in any other case.
    ``(c) Forfeiture.--A person who is convicted of an offense under 
this section shall forfeit to the United States such person's interest 
in--
            ``(1) any property, real or personal, constituting or 
        traceable to gross profits or other proceeds obtained from such 
        offense; and
            ``(2) any equipment, software, or other technology used or 
        intended to be used to commit or to promote the commission of 
        such offense.
    ``(d) Civil Remedies.--
            ``(1) In general.--The Attorney General, or any person 
        engaged in the business of providing an Internet access service 
        to the public aggrieved by reason of a violation of subsection 
        (a), may commence a civil action against the violator in any 
        appropriate United States District Court for the relief set 
        forth in paragraphs (2) and (3). No action may be brought under 
        this subsection unless such action is begun within 2 years of 
        the date of the act which is the basis for the action.
            ``(2) Attorney general action.--In an action by the 
        Attorney General under paragraph (1), the court may award 
        appropriate relief, including temporary, preliminary, or 
        permanent injunctive relief. The court may also assess a civil 
        penalty in an amount not exceeding $25,000 per day of 
        violation, or not less than $2 or more than $8 per electronic 
        mail message initiated in violation of subsection (a), as the 
        court considers just.
            ``(3) Other actions.--In any other action under paragraph 
        (1), the court may award appropriate relief, including 
        temporary, preliminary, or permanent injunctive relief, and 
        damages in an amount equal to the greater of--
                    ``(A) the actual damages suffered by the Internet 
                access service as a result of the violation, and any 
                receipts of the violator that are attributable to the 
                violation and are not taken into account in computing 
                actual damages; or
                    ``(B) statutory damages in the sum of $25,000 per 
                day of violation, or not less than $2 or more than $8 
                per electronic mail message initiated in violation of 
                subsection (a), as the court considers just.
    ``(e) Definitions.--In this section:
            ``(1) Commercial electronic mail message.--The term 
        `commercial electronic mail message' means any electronic mail 
        message the primary purpose of which is the commercial 
        advertisement or promotion of a commercial product or service 
        (including content on an Internet website or online site 
        operated for a commercial purpose).
            ``(2) Computer and protected computer.--The terms 
        `computer' and `protected computer' have the meaning given 
        those terms in section 1030(e) of this title.
            ``(3) 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, and that is included in an 
        electronic mail message.
            ``(4) Header information.--The term `header information' 
        means the source, destination, routing information, or 
        information authenticating the sender, associated with an 
        electronic mail message, including but not limited to 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.
            ``(5) 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 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.
            ``(6) 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)).
            ``(7) Loss.--The term `loss' has the meaning given that 
        term in section 1030(e) of this title.
            ``(8) Message.--The term `message' means each electronic 
        mail message addressed to a discrete addressee.
            ``(9) Multiple.--The term `multiple' means more than 100 
        electronic mail messages during a 24-hour period, more than 
        1,000 electronic mail messages during a 30-day period, or more 
        than 10,000 electronic mail messages during a 1-year period.''.
            (2) Conforming amendment.--The chapter analysis for chapter 
        47 of title 18, United States Code, is amended by adding at the 
        end the following:

``Sec.
``1037. Fraud and related activity in connection with electronic 
                            mail.''.
    (b) United States Sentencing Commission.--
            (1) Directive.--Pursuant to its authority under section 
        994(p) of title 28, United States Code, and in accordance with 
        this section, the United States Sentencing Commission shall 
        review and, as appropriate, amend the sentencing guidelines and 
        policy statements to provide appropriate penalties for 
        violations of section 1037 of title 18, United States Code, as 
        added by this section.
            (2) Requirements.--In carrying out this subsection, the 
        Sentencing Commission shall consider providing sentencing 
        enhancements for those convicted under section 1037 of title 
        18, United States Code, who--
                    (A) obtained electronic mail addresses through 
                improper means, including--
                            (i) harvesting electronic mail addresses of 
                        the users of a website, proprietary service, or 
                        other online public forum operated by another 
                        person, without the authorization of such 
                        person; and
                            (ii) randomly generating electronic mail 
                        addresses by computer; or
                    (B) knew that the commercial electronic mail 
                messages involved in the offense contained or 
                advertised an Internet domain for which the registrant 
                of the domain had provided false registration 
                information.

SEC. 3. REPORT AND SENSE OF CONGRESS REGARDING INTERNATIONAL SPAM.

    (a) Findings.--Congress finds the following:
            (1) The Internet is a global communications medium.
            (2) Commercial e-mail sent in violation of this Act can be 
        sent from virtually anywhere in the world.
            (3) As domestic deterrence and enforcement against 
        predatory and abusive commercial e-mail improves, there is a 
        risk that predatory and abusive spammers will move their 
        activities abroad and spam into the United States.
            (4) As with other forms of cyber-crime, international 
        cooperation of law enforcement officials is essential to combat 
        predatory and abusive spam.
    (b) Report.--The Department of Justice and the Department of State 
shall report to Congress within 18 months of the date of enactment of 
this Act regarding the status of their efforts to achieve international 
cooperation in the investigation and prosecution of spammers who engage 
in conduct that violates this Act, including the jurisdictions involved 
and the outcomes of any prosecutions, and any recommendations for 
addressing predatory and abusive spam sent to the United States from 
other countries.
    (c) Sense of Congress.--It is the sense of Congress that the 
Department of Justice and the Department of State, as part of their 
efforts to improve investigation and prosecution of international 
cyber-crime, should work through international fora for the cooperation 
of other countries in investigating and prosecuting predatory and 
abusive spammers who engage in conduct that violates this Act.
                                 <all>

Pages: 1

Other Popular 104th Congressional Bills Documents:

1 H.R. 3209 (ih) To amend the Internal Revenue Code of 1986 to increase the maximum amount deferrable under a 457 plan for any year to the amount deferrable for such year under a 401(k) plan, and to require that amounts in 457 plans be held in trust. [Intro...
2 H.R. 3008 (rs) To amend the Helium Act to authorize the Secretary to enter into agreements with private parties for the recovery and disposal of helium on Federal lands, and for other purposes. [Reported in Senate] ...
3 H.R. 2695 (ih) To extend the deadline under the Federal Power Act applicable to the construction of certain hydroelectric projects in the State of Pennsylvania. [Introduced in House] ...
4 H.Con.Res. 153 (enr) Authorizing the use of the Capitol Grounds for the Greater Washington Soap Box Derby. [Enrolled bill] ...
5 H.R. 4166 (ih) To amend the Fair Labor Standards Act of 1938 to provide for legal accountability for sweatshop conditions in the garment industry, and for other purposes. [Introduced in House] ...
6 H.R. 3681 (ih) To provide that if an employer provides additional leave to a parent for the birth such employer shall provide the same leave to a parent for an adopted child or a foster child. [Introduced in House] ...
7 H.R. 2685 (enr) To repeal the Medicare and Medicaid Coverage Data Bank. [Enrolled bill] ...
8 H.Res. 217 (eh) [Engrossed in House] ...
9 H.R. 668 (rh) To control crime by further streamlining deportation of criminal aliens. [Reported in House] ...
10 H.R. 450 (ih) To ensure economy and efficiency of Federal Government operations by establishing a moratorium on regulatory rulemaking actions, and for other purposes. [Introduced in House] ...
11 S. 1784 (rs) To amend the Small Business Investment Act of 1958, and for other purposes. [Reported in Senate] ...
12 S. 219 (es) To ensure economy and efficiency of Federal Government operations by establishing a moratorium on regulatory rulemaking actions, and for other purposes. [Engrossed in Senate] ...
13 H.Res. 541 (ih) To express the sense of the House of Representatives concerning violence on television. [Introduced in House] ...
14 H.R. 789 (ih) To amend title 17, United States Code, with respect to the licensing of music, and for other purposes. [Introduced in House] ...
15 H.Con.Res. 123 (rfs) To provide for the provisional approval of regulations applicable to certain covered employing offices and covered employees and to be issued by the Office of Compliance before January 23, 1996. [Referred in Senate] ...
16 S. 1473 (is) To authorize the Administrator of General Services to permit the posting in space under the control of the Administrator of notices concerning missing children, and for other purposes. [Introduced in Senate] ...
17 H.R. 1358 (enr) To require the Secretary of Commerce to convey to the Commonwealth of Massachusetts the National Marine Fisheries Service laboratory located on Emerson Avenue in Gloucester, Massachusetts. [Enrolled bill] ...
18 S.Con.Res. 34 (es) [Engrossed in Senate] ...
19 S.J.Res. 38 (rs) Granting the consent of Congress to the Vermont-New Hampshire Interstate Public Water Supply Compact. [Reported in Senate] ...
20 S. 440 (is) To amend title 23, United States Code, to provide for the designation of the National Highway System, and for other purposes. [Introduced in Senate] ...
21 S. 82 (is) To amend title 38, United States Code, to revise certain provisions relating to the appointment of clinical and counseling psychologists in the Veterans Health Administration, and for other purposes. [Introduced in Senate] ...
22 S. 268 (rs) To authorize the collection of fees for expenses for triploid grass carp certification inspections, and for other purposes. [Reported in Senate] ...
23 S. 2007 (es) To clarify the intent of Congress with respect to the Federal carjacking prohibition. [Engrossed in Senate] ...
24 H.Res. 232 (eh) [Engrossed in House] ...
25 H.Con.Res. 86 (ih) Commending the People's Republic of Bangladesh for its commitment to [Introduced in House] ...
26 S. 1358 (es) To authorize the Secretary of Transportation to issue a certificate of documentation with appropriate endorsement for employment in the coastwise trade for the vessel CAROLYN, and for other purposes. [Engrossed in Senate] ...
27 H.R. 3827 (ih) To amend the Foreign Assistance Act of 1961 to provide for the establishment of a Women in Enterprise Development Program to support the economic empowerment of women in developing countries. [Introduced in House] ...
28 H.R. 1483 (rfs) To amend title 38, United States Code, to allow revision of veterans benefits decisions based on clear and unmistakable error. [Referred in Senate] ...
29 H.R. 117 (eh) To amend the United States Housing Act of 1937 to prevent persons having drug or alcohol use problems from occupying dwelling units in public housing projects designated for occupancy by elderly families, and for other purposes. [Engrossed i...
30 H.R. 1123 (ih) To repeal statutory limitations on the transportation of chemical munitions. [Introduced in House] ...


Other Documents:

104th Congressional Bills Records and Documents

GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information.
House Rules:

104th House Rules
105th House Rules
106th House Rules

Congressional Bills:

104th Congressional Bills
105th Congressional Bills
106th Congressional Bills
107th Congressional Bills
108th Congressional Bills

Supreme Court Decisions

Supreme Court Decisions

Additional

1995 Privacy Act Documents
1997 Privacy Act Documents
1994 Unified Agenda
2004 Unified Agenda

Congressional Documents:

104th Congressional Documents
105th Congressional Documents
106th Congressional Documents
107th Congressional Documents
108th Congressional Documents

Congressional Directory:

105th Congressional Directory
106th Congressional Directory
107th Congressional Directory
108th Congressional Directory

Public Laws:

104th Congressional Public Laws
105th Congressional Public Laws
106th Congressional Public Laws
107th Congressional Public Laws
108th Congressional Public Laws

Presidential Records

1994 Presidential Documents
1995 Presidential Documents
1996 Presidential Documents
1997 Presidential Documents
1998 Presidential Documents
1999 Presidential Documents
2000 Presidential Documents
2001 Presidential Documents
2002 Presidential Documents
2003 Presidential Documents
2004 Presidential Documents

Home Executive Judicial Legislative Additional Reference About Privacy