(Sec 4) Amends Federal criminal law to subject to a fine or imprisonment any person who initiates the transmission to a protected computer of a spam message with knowledge and intent that it contains fraudulent header information that is materially false or misleading.
(Sec. 5) Sets forth protections against spam that include: (1) a prohibition of false or misleading transmission information; (2) a prohibition of deceptive subject headings; (3) mandatory inclusion of return address or comparable mechanism in unsolicited commercial electronic mail; (4) a prohibition of transmission of spam after objection; and (5) mandatory inclusion of identifier, opt-out, and physical address in spam.
(Sec. 6) Confers enforcement powers for violations of this Act upon the Federal Trade Commission, designated Federal agencies, and State Attorneys General.
Permits a provider of Internet access service adversely affected by a violation of this Act to bring a civil action.
Sets forth a maximum civil penalty of $1.5 million for knowing and wilful violations of this Act.
(Sec. 8) Directs the Commission to submit to Congress a detailed analysis of the efficacy of this Act.
Introduced in Senate
Read twice and referred to the Committee on Commerce, Science, and Transportation. (text of measure as introduced: CR S2995-2998)
Committee on Commerce, Science, and Transportation. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on Commerce, Science, and Transportation. Reported by Senator Hollings with an amendment in the nature of a substitute. With written report No. 107-318.
Committee on Commerce, Science, and Transportation. Reported by Senator Hollings with an amendment in the nature of a substitute. With written report No. 107-318.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 735.
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