H. R. _____
IN THE HOUSE OF REPRESENTATIVES
Mr. GOODLATTE introduced the following bill; which was referred to the Committee on _________
To prohibit the unsolicited e-mail known as ‘‘spam’’.
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Anti-Spamming Act of 2001’’.
SEC. 2. PROTECTION FROM FRAUDULENT UNSOLICITED E-MAIL.
Section 1030 of title 18, United States Code, is amended—
(1) in subsection (a)(5)—
(A) by striking ‘‘or’’ at the end of subparagraph (B); and
(B) by inserting after subparagraph (C) the following:
‘‘(D) intentionally and without authorization initiates the transmission of a bulk unsolicited electronic mail message to a protected computer with knowledge that such message falsifies an Internet domain, header information, date or time stamp, originating e-mail address, or other identifier; or
‘‘(E) intentionally sells or distributes any computer program that—
‘‘(i) is designed or produced primarily for the purpose of concealing the source or routing information of bulk unsolicited electronic mail messages in a manner prohibited by subparagraph (D) of this paragraph;
‘‘(ii) has only limited commercially significant purpose or use other than to conceal such source or routing information; or
‘‘(iii) is marketed by the violator or an- other person acting in concert with the violator and with the violator’s knowledge for use in concealing the source or routing information of such messages’’;
(2) in subsection (c)(2)(A)—
(A) by inserting ‘‘(i)’’ after ‘‘in the case of an offense’’; and
(B) by inserting after ‘‘an offense punishable under this subparagraph;’’ the following: ‘‘or (ii) under subsection (a)(5)(D) or (a)(5)(E) of this section which results in damage to a protected computer’’;
(3) in subsection (c)(2)—
(A) by adding at the end the following:
‘‘(D) in the case of a violation of subsection (a)(5)(D) or (E), actual monetary loss and statutory damages of $15,000 per violation or an amount of up to $10 per message per violation whichever is greater; and’’; and
(B) by striking ‘‘and’’ at the end of subparagraph (A);
(4) in subsection (e)—
(A) by striking ‘‘and’’ at the end of paragraph (8);
(B) by striking the period at the end of paragraph (9); and (C) by adding at the end the following:
‘‘(10) the term ‘initiates the transmission’ means, in the case of an electronic mail message, to originate the electronic mail message, and excludes the actions of any interactive computer service whose facilities or services are used by another person to transmit, relay, or otherwise handle such message;
‘‘(11) the term ‘Internet domain’ means a specific computer system (commonly referred to as a ‘host’) or collection of computer systems attached to or able to be referenced from the Internet which are assigned a specific reference point on the Internet (commonly referred to as an ‘Internet domain name’) and registered with an organization recognized by the Internet industry as a registrant of Internet domains;
‘‘(12) the term ‘unsolicited electronic mail message’ means any substantially identical electronic mail message other than electronic mail initiated by any person to others with whom such person has a prior relationship, including prior business relationship, or electronic mail sent by a source to recipients where such recipients, or their designees, have at any time affirmatively requested to receive communications from that source; and
‘‘(13) the term ‘Internet’ means all computer and telecommunications facilities, including equipment and operating software, which comprise the interconnected network of networks that employ the Transmission Control Protocol/Internet Protocol, or any predecessor or successor protocols to such protocol, to communicate information of all kinds by wire or radio.’’; and
(5) in subsection (g), by inserting ‘‘and reasonable attorneys’ fees and other litigation costs reasonably incurred in connection with the civil action’’ after ‘‘injunctive relief or other equitable relief’’.