AMENDMENT IN THE NATURE OF A SUBSTITUTE TO H.R. 718
OFFERED BY MR. SENSENBRENNER AND MR. CONYERS

Strike all after the enacting clause and insert the following:

SECTION 1. SHORT TITLE.

This Act may be cited as the "Anti-Spamming Act of 2001."

SEC. 2. SPAMMING PROHIBITION.

(a) IN GENERAL. Part I of title 18, United States Code, is amended by inserting after chapter 29 the following:

"CHAPTER 30 -- ELECTRONIC MAIL

"Sec.
"621. Unsolicited commercial electronic mail containing fraudulent transmission information.

"§621. Unsolicited commercial electronic mail containing fraudulent transmission information

"(a) Whoever intentionally initiates in one or more transactions the transmission of 10 or more unsolicited commercial electronic mail messages to one or more protected computers in the United States, knowing that each such message contains or is accompanied by header information that is materially false or misleading as to the identity of the person initiating the transmission shall be fined under this title, and in the case of an offense under this section which occurs after conviction for a prior offense under this section, shall be so fined or imprisoned not more than one year, or both.

"(b) As used in this section---

"(1) the term 'commercial electronic mail message' means an electronic mail message the primary purpose of which is to advertise or promote, for a commercial purpose, a product or service (including content on an Internet website);

"(2) the 'header information' means the source, destination, and routing information, including the originating domain name and originating electronic mail address; and

"(3) the term 'protected computer' has the meaning given that term in section 1030(e)(2) of this title.".

(b) CLERICAL AMENDMENT.---the table of chapters at the beginning of part I of title 18, United States Code, is amended by inserting after the item relating to chapter 29 the following new item:

"30. Electronic mail .......... 621".