H.R.3113 - Unsolicited Commercial Electronic Mail Act of 2000106th Congress (1999-2000)
Summary: H.R.3113 — 106th Congress (1999-2000)
Unsolicited Commercial Electronic Mail Act of 2000 - Amends the Federal criminal code to provide criminal penalties for intentionally initiating the transmission of any unsolicited commercial electronic mail message (message) to a protected computer in the United States with the knowledge that any domain name or other initiator identifying information contained in or accompanying such message is false or inaccurate.
Passed House amended (07/18/2000)
Prohibits any person from sending such a message unless the message contains a valid e-mail address, conspicuously displayed, to which a recipient may send notice of a desire not to receive further messages. Prohibits a person from sending other unsolicited commercial e-mail messages after a reasonable period of time following such notice. Considers such notice as termination of any pre-existing business relationship between the parties.
Requires any such message to include information that: (1) identifies the message as unsolicited commercial e-mail; and (2) contains notice of the opportunity for the recipient to request to not receive further messages.
Makes it unlawful for a person to initiate the transmission of such a message in violation of a policy regarding unsolicited commercial e-mail messages that complies with specified requirements, including requirements for notice and public availability of such policy and for an opportunity for subscribers to opt not receive such messages. Protects a provider against liability for: (1) blocking the transmission or receipt of such messages; or (2) retransmitting unsolicited bulk commercial mail messages unless such provider has knowledge that a transmission is prohibited..
Directs the Federal Trade Commission (FTC) to notify violators under this Act, to prohibit further initiation of such messages, and to require the initiator to delete the names and e-mail addresses of the recipients and providers from all mailing lists. Requires the names and e-mail addresses of any children of the recipient to be included in such notification. Authorizes the FTC: (1) to serve upon a complaint upon an initiator who fails to comply; and (2) after an opportunity for a hearing, to order such initiator to comply. Grants U.S. district courts jurisdiction to order compliance.
Provides a right of action by a recipient or provider against e-mail initiators who violate the above requirements.
Requires the FTC to report to Congress on the effectiveness and enforcement of this Act.