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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.
Editor's Notes:
• This amendment, as well as the manager's
amendment in the nature of a substitute, as amended, were both
approved by unanimous consent at the Senate Commerce Committee's
mark up session of May 17, 2002.
• The Office of Sen. Ron Wyden
(D-OR) kindly provided Tech Law Journal with a PDF copy of this amendment.
• TLJ converted this PDF copy into HTML. Several features were
eliminated during the conversion, including pagination, double spacing,
and line numbering.
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Sen. Boxer
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COMMITTEE AMENDMENT
[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
Viz:
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)’’.