Title II: Telemarketing Fraud Over the Internet - Amends the Federal criminal code to include Internet communications within its criminal fraud provisions.
Directs the FTC to issue a rulemaking proceeding for the application of the Federal Trade Commission Act and other statutory provisions regarding deceptive acts or practices to acts or practices in connection with the promotion, advertisement, offering for sale, or sale of goods or services through the Internet.
[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 3042 Introduced in Senate (IS)]
106th CONGRESS
2d Session
S. 3042
To protect citizens against becoming victims of Internet fraud, to
provide stiff penalties against those who target senior citizens, and
to educate senior citizens on how to avoid being victimized by Internet
or telemarketing fraud.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 13, 2000
Mr. Ashcroft introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To protect citizens against becoming victims of Internet fraud, to
provide stiff penalties against those who target senior citizens, and
to educate senior citizens on how to avoid being victimized by Internet
or telemarketing fraud.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
TITLE I--AN ACT TO PREVENT INTERNET FRAUD AND FRAUD AGAINST THE ELDERLY
SEC. 101. SHORT TITLE.
This title may be cited as ``An Act to Prevent Internet Fraud and
Fraud Against the Elderly''.
SEC. 102. PURPOSE.
It is the purpose of this title to protect citizens against
becoming victims of Internet fraud, to provide stiff penalties against
those who target senior citizens, and to educate senior citizens on how
to avoid being victimized by Internet or telemarketing fraud.
SEC. 103. EDUCATION.
(a) In General.--The Federal Trade Commission shall publicly
disseminate in each State information designed to educate senior
citizens and raise awareness about the dangers of telemarketing fraud
and fraud over the Internet.
(b) Education.--Carrying out subsection (a), the Commission shall--
(1) inform senior citizens of the prevalence of Internet
and telemarketing fraud targeted against them;
(2) inform senior citizens how to identify Internet and
telemarketing fraud;
(3) educate senior citizens how to protect themselves
against Internet and telemarketing fraud, including an
explanation of the dangers of providing bank account, credit
card, or other financial or personal information over the
telephone to unsolicited callers;
(4) educate senior citizens how to report suspected
attempts at Internet or telemarketing fraud to a law
enforcement agency;
(5) educate senior citizens of their consumer protection
rights under Federal law; and
(6) provide any other information as the Commission
considers necessary to protect senior citizens against Internet
or telemarketing fraud.
SEC. 104. DEFINITION.
For purposes of this title, the term ``State'' includes the
District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin
Islands, American Samoa, and the Commonwealth of the Northern Mariana
Islands.
TITLE II--TELEMARKETING FRAUD OVER THE INTERNET
SEC. 201. EXTENSION OF CRIMINAL FRAUD STATUTE TO INTERNET.
(a) Extension.--Section 1343 of title 18, United States Code, is
amended by--
(1) by inserting ``(a)'' before ``Whoever'';
(2) in subsection (a), as so designated, by striking ``or
television communication'' and inserting ``television, or
Internet communication''; and
(3) by adding at the end thereof the following:
``(b) For purposes of this section, the term `Internet' means
collectively the myriad of computer and telecommunications facilities,
including equipment and operating software, which comprise the
interconnected world-wide 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.''.
(b) Conforming and Clerical Amendments.--
(1) The section heading of such section is amended to read
as follows:
``Sec. 1343. Fraud by wire, radio, television, or Internet''.
(2) The table of sections at the beginning of chapter 63 of
that title is amended by striking the item relating to section
1343 and inserting the following new item:
``1343. Fraud by wire, radio, television, or Internet.''.
SEC. 202. FEDERAL TRADE COMMISSION SANCTIONS.
(a) Rulemaking To Apply Sanctions.--The Federal Trade Commission
shall initiate a rulemaking proceeding to set forth the application of
section 5 of the Federal Trade Commission Act (15 U.S.C. 45), and other
statutory provisions within its jurisdiction, to deceptive acts or
practices in or affecting the commerce of the United States in
connection with the promotion, advertisement, offering for sale, or
sale of goods or services through use of the Internet.
(b) Internet Defined.--In this section, the term ``Internet'' means
collectively the myriad of computer and telecommunications facilities,
including equipment and operating software, which comprise the
interconnected world-wide 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.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S8504-8505)
Read twice and referred to the Committee on the Judiciary.
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