To the Amendment in the Nature of a Substitute
To H.R. 718
Offered by Mr. Sensenbrenner and Mr. Conyers
On page 2, after line 19, insert the following:
"(c) Private Right of Action.---
"(1) Actions authorized.---A provider of Internet access service, if otherwise permitted by the laws or rules of a court of a State, may bring in an appropriate court of that State, or, if such laws or rules do not so permit, may bring in an appropriate Federal court, an action to recover for actual or statutory damages, as provided in subsection 2, and for costs, as provided in subsection 3.
"(2) Award of Damages.---A person committing a violation of subsection (a) is liable to a provider of Internet access service for either---
"(A) the actual damages suffered by the provider of Internet access service; or
"(B) statutory damages, as provided in this paragraph. At any time prior to final judgment in an action, a provider of Internet access service may elect to recover an award of statutory damages for each violation of subsection (a) in the sum of $5 per violation, not to exceed a total of $1 million: Provided, That, during any one-year period for which the defendant has transmitted in excess of 20 million unsolicited commercial electronic mail messages, no such limit on liability shall exist.
"(3) Attorneys Fees.--- In any action brought under paragraph (1), the court may, in its discretion, require the payment of the costs of such action, and may asses reasonable costs, including reasonable attorneys' fees, against any person found to have committed a violation of subsection(a).".