S.759 - Inbox Privacy Act of 1999106th Congress (1999-2000)
Summary: S.759 — 106th Congress (1999-2000)
Introduced in Senate (03/25/1999)
Inbox Privacy Act of 1999 - Prohibits a person from initiating the transmission of unsolicited commercial electronic mail (mail) to an individual who submits to such person a request that such mail not occur. Presumes constructive authorization of mail when the recipient secures a good or service from, or otherwise responds electronically to, an offer.
Prohibits the initiation of mail to any electronic mail address served by a domain if the domain owner has elected not to receive such mail at such domain, with exceptions. Provides requirements for domain owners electing not to receive such mail, including notification to the Federal Trade Commission (FTC) and the domain's customers (if such domain owner is an Internet service provider or interactive computer service provider). Requires the service provider to notify its customers of their individual authority to receive such mail, and provides for customer election to continue to receive such mail. Requires the service provider to maintain and make public a list of customers electing to receive such mail. Requires persons initiating transmission of mail to: (1) include certain identifying information; (2) agree to cease such transmission upon request; and (3) ensure the accuracy of all Internet routing information included in such transmission.
(Sec. 3) Authorizes the FTC to prescribe rules for defining and prohibiting deceptive acts or practices in connection the promotion, advertisement, offer for sale, or sale of goods or services on or by means of the Internet, with special provisions addressing such acts or practices in connection with such mail.
(Sec. 4) Authorizes the FTC to investigate and enforce regulations for violations of this Act. Requires the FCC to maintain an Internet web page concerning domain owners and customers who have made elections described above.
(Sec. 5) Authorizes a State to bring a civil action on behalf of its residents against persons transmitting such mail. Requires such State to notify the FTC of such action.
(Sec. 6) Authorizes Internet or interactive computer service providers to bring a civil action in U.S. district court for violations of this Act, with injunctive relief and damages.
(Sec. 7) Preempts State and local laws regarding the transmission or receipt of such mail.