|Amendment to the Manager's Amendment to S 630,
the Controlling the Assault of Non-Solicited Pornography and Marketing Act
of 2002, also known as the CANSPAM Act of 2002.
Offered by Sen. Barbara Boxer (D-CA).
Date: May 17, 2002.
[STAFF WORKING DRAFT]
May 15, 2002
Purpose: To prohibit the transmission of unsolicited commercial electronic mail from illegally harvested electronic mail addresses.
IN THE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION—107TH Cong., 2D Sess.
S. 630, 107TH Congress, 2D Session
MAY 16, 2002
INTENDED to be proposed by Mrs. BOXER to the amendment proposed by Mr. BURNS
On page 15, between lines 13 and 14, insert the following:
(b) PROHIBITION OF TRANSMISSION OF UNSOLICITED COMMERCIAL ELECTRONIC MAIL FROM ILLEGALLY HARVESTED ELECTRONIC MAIL ADDRESSES.—
(1) IN GENERAL.—It is unlawful for any person to initiate the transmission, to a protected computer, of an unsolicited commercial electronic mail message that is unlawful under subsection (a), or to assist in the origination of such a message through the provision or selection of addresses to which the message will be sent, if such person knows that, or acts with reckless disregard as to whether—
(A) the electronic mail address of the recipient was obtained, using an automated means, from an Internet website or proprietary online service operated by another person; or
(B) the website or proprietary online service from which the address was obtained included, at the time the address was obtained, a notice stating that the operator of such a website or proprietary online service will not give, sell, or otherwise transfer addresses maintained by such site or service to any other party for the purpose of initiating, or enabling others to initiate, unsolicited electronic mail messages.
(2) DISCLAIMER.—Nothing in this subsection creates an ownership or proprietary interest in such email addresses.
On page 15, line 14, strike ‘‘(b)’’ and insert ‘‘(c)’’.