Re: Using e-mail

From: Bryan Carson (Bryan.Carson@wku.edu)
Date: Sun Feb 27 2000 - 12:41:05 PST


Actually a search of Congressional Universe turned up a Senate bill that does
just that. 1998 S. 1618; 105 S. 1618, section 301 is an anti-spamming bill.
It was part of the anti-slamming telecommunications bill sponsored by John
McCain. The Senate passed the bill and sent it to the House. As far as I can
tell, the house never enacted this.

--Bryan

Bryan M. Carson, J.D., M.I.L.S.
Coordinator of Reference and Instructional Services
Western Kentucky University Libraries
1 Big Red Way
Bowling Green, Kentucky 42101
Phone: 270-745-5007
Fax: 270-745-2275
bryan.carson@wku.edu

TITLE III-SPAMMING
SEC. 301. REQUIREMENTS RELATING TO TRANSMISSIONS OF UNSOLICITED
COMMERCIAL ELECTRONIC MAIL.
  (a) INFORMATION TO BE INCLUDED IN TRANSMISSIONS.-
      (1) IN GENERAL.-A PERSON WHO TRANSMITS AN UNSOLICITED COMMERCIAL
    ELECTRONIC MAIL MESSAGE SHALL CAUSE TO APPEAR IN EACH SUCH ELECTRONIC
    MAIL MESSAGE THE INFORMATION SPECIFIED IN PARAGRAPH (2).
      (2) COVERED INFORMATION.-THE FOLLOWING INFORMATION SHALL APPEAR AT
    THE BEGINNING OF THE BODY OF AN UNSOLICITED COMMERCIAL ELECTRONIC
    MAIL MESSAGE UNDER PARAGRAPH (1):
          (A) THE NAME, PHYSICAL ADDRESS, ELECTRONIC MAIL ADDRESS, AND
        TELEPHONE NUMBER OF THE PERSON WHO INITIATES TRANSMISSION OF THE
        MESSAGE.
          (B) THE NAME, PHYSICAL ADDRESS, ELECTRONIC MAIL ADDRESS, AND
        TELEPHONE NUMBER OF THE PERSON WHO CREATED THE CONTENT OF THE
        MESSAGE, IF DIFFERENT FROM THE INFORMATION UNDER SUBPARAGRAPH
        (A).
          (C) A STATEMENT THAT FURTHER TRANSMISSIONS OF UNSOLICITED
        COMMERCIAL ELECTRONIC MAIL TO THE RECIPIENT BY THE PERSON WHO
        INITIATES TRANSMISSION OF THE MESSAGE MAY BE STOPPED AT NO COST
        TO THE RECIPIENT BY SENDING A REPLY TO THE ORIGINATING ELECTRONIC
        MAIL ADDRESS WITH THE WORD "REMOVE" IN THE SUBJECT LINE.
  (B) ROUTING INFORMATION.-ALL INTERNET ROUTING INFORMATION CONTAINED
WITHIN OR ACCOMPANYING AN ELECTRONIC MAIL MESSAGE DESCRIBED IN SUBSECTION
(A) MUST BE ACCURATE, VALID ACCORDING TO THE PREVAILING STANDARDS FOR
INTERNET PROTOCOLS, AND ACCURATELY REFLECT MESSAGE ROUTING.
  (C) EFFECTIVE DATE.-THE REQUIREMENTS IN THIS SECTION SHALL TAKE EFFECT
30 DAYS AFTER THE DATE OF ENACTMENT OF THIS ACT.
SEC. 302. FEDERAL OVERSIGHT OF UNSOLICITED COMMERCIAL ELECTRONIC MAIL.
  (a) TRANSMISSIONS.-
      (1) IN GENERAL.-UPON NOTICE FROM A PERSON OF THE PERSON'S RECEIPT
    OF ELECTRONIC MAIL IN VIOLATION OF A PROVISION OF SECTION 301 OR 305,
    THE COMMISSION-
          (A) MAY CONDUCT AN INVESTIGATION TO DETERMINE WHETHER OR NOT
        THE ELECTRONIC MAIL WAS TRANSMITTED IN VIOLATION OF SUCH
        PROVISION; AND
          (B) IF THE COMMISSION DETERMINES THAT THE ELECTRONIC MAIL WAS
        TRANSMITTED IN VIOLATION OF SUCH PROVISION, MAY-
              (I) IMPOSE UPON THE PERSON INITIATING THE TRANSMISSION A
            CIVIL FINE IN AN AMOUNT NOT TO EXCEED $15,000;
              (II) COMMENCE IN A DISTRICT COURT OF THE UNITED STATES A
            CIVIL ACTION TO RECOVER A CIVIL PENALTY IN AN AMOUNT NOT TO
            EXCEED $15,000 AGAINST THE PERSON INITIATING THE
            TRANSMISSION;
              (III) COMMENCE AN ACTION IN A DISTRICT COURT OF THE UNITED
            STATES A CIVIL ACTION TO SEEK INJUNCTIVE RELIEF; OR
              (IV) PROCEED UNDER ANY COMBINATION OF THE AUTHORITIES SET
            FORTH IN CLAUSES (I), (II), AND (III).
      (2) DEADLINE.-THE COMMISSION MAY NOT TAKE ACTION UNDER PARAGRAPH
    (1)(B) WITH RESPECT TO A TRANSMISSION OF ELECTRONIC MAIL MORE THAN 2
    YEARS AFTER THE DATE OF THE TRANSMISSION.
  (B) ADMINISTRATION.-
      (1) NOTICE BY ELECTRONIC MEANS.-THE COMMISSION SHALL ESTABLISH AN
    INTERNET WEB SITE WITH AN ELECTRONIC MAIL ADDRESS FOR THE RECEIPT OF
    NOTICES UNDER SUBSECTION (A).
      (2) INFORMATION ON ENFORCEMENT.-THE COMMISSION SHALL MAKE AVAILABLE
    THROUGH THE INTERNET WEB SITE ESTABLISHED UNDER PARAGRAPH (1)
    INFORMATION ON THE ACTIONS TAKEN BY THE COMMISSION UNDER SUBSECTION
    (A)(1)(B).
      (3) ASSISTANCE OF OTHER FEDERAL AGENCIES.-OTHER FEDERAL AGENCIES
    MAY ASSIST THE COMMISSION IN CARRYING OUT ITS DUTIES UNDER THIS
    SECTION.



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