Browse Arkansas Code titles and sections

15 U.S.C. § 7711 — Regulations

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 7711 — Regulations

**(a) In general** The Commission may issue regulations to implement the provisions of this Act (not including the amendments made by sections 4 and 12). Any such regulations shall be issued in accordance with [section 553 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim). **(b) Limitation** Subsection (a) may not be construed to authorize the Commission to establish a requirement pursuant to [section 7704(a)(5)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section7704/a/5/A&num=0&edition=prelim) to include any specific words, characters, marks, or labels in a commercial electronic mail message, or to include the identification required by [section 7704(a)(5)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section7704/a/5/A&num=0&edition=prelim) in any particular part of such a mail message (such as the subject line or body).

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 7711

Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.

Original supplied file — preserved unchanged

Download original Markdown file

File SHA-256: 991c1bb632096872b6203a5c76b9846f37789c086f7c1bf9b0d19120ed427b7e. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.

Authority boundary: historical or unconfirmed source not current law verified.

Open the recorded source website ↗

Record provenance

Stable record: federal_law:legal_authorities:record_usc_046e748bc4518348f77c7ebc
Source file: Laws/federal/codes/united-states-code/title-15/section-7711-regulations--075a27205e.md
Pages: Not recorded – Not recorded
Passage SHA-256: e4343f04f466d43c967f590cb4543159804f0ec1ba1a1e7d40635b193c87cd31

Source location: Title 15, Chapter 103, § 7711; chapter-103-controlling-the-assault-of-non-solicited-pornography-and-marketing.md

Stored source content

Cross-references

Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.

Federal law — U.S. Code and appendices · legal_authorities

28 U.S.C. § 994 — Duties of the Commission

**(a)** The Commission, by affirmative vote of at least four members of the Commission, and pursuant to its rules and regulations and consistent with all pertinent provisions of any Federal statute shall promulgate and distribute to all courts of the United States and to the United States Probation System— (1) guidelines, as described in this section, for use of a sentencing court in determining the sentence to be imposed in a criminal case, including— (A) a determination whether to impose a sentence to probation, a fine, or a term of imprisonment; (B) a determination as to the appropriate amount of a fine or the appropriate length of a term of probation or a term of imprisonment; (C) a determination whether a sentence to a term of imprisonment should include a requirement that the defendant be placed on a term of supervised release after imprisonment, and, if so, the appropriate length of such a term; (D) a determination whether multiple sentences to terms of imprisonment should be ordered to run concurrently or consecutively; and (E) a determination under paragraphs (6) and (11) 11 See References in Text note below. of [section 3563(b) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3563/b&num=0&edition=prelim); (2) general policy statements regarding application of the guidelines or any other aspect of sentencing or sentence implementation that in the view of the Commission would further the purposes set forth in [section 3553(a)(2) of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section3553/a/2&num=0&edition=prelim), United States Code, including the appropriate use of— (A) the sanctions set forth in sections 3554, 3555, and 3556 of title 18; (B) the conditions of proba

Source: Supplied U.S. Code snapshot — release unconfirmed · 28 U.S.C. § 994

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

18 U.S.C. § 1037 — Fraud and related activity in connection with electronic mail

**(a) In General.—** Whoever, in or affecting interstate or foreign commerce, knowingly— (1) accesses a protected computer without authorization, and intentionally initiates the transmission of multiple commercial electronic mail messages from or through such computer, (2) uses a protected computer to relay or retransmit multiple commercial electronic mail messages, with the intent to deceive or mislead recipients, or any Internet access service, as to the origin of such messages, (3) materially falsifies header information in multiple commercial electronic mail messages and intentionally initiates the transmission of such messages, (4) registers, using information that materially falsifies the identity of the actual registrant, for five or more electronic mail accounts or online user accounts or two or more domain names, and intentionally initiates the transmission of multiple commercial electronic mail messages from any combination of such accounts or domain names, or (5) falsely represents oneself to be the registrant or the legitimate successor in interest to the registrant of 5 or more Internet Protocol addresses, and intentionally initiates the transmission of multiple commercial electronic mail messages from such addresses, or conspires to do so, shall be punished as provided in subsection (b). **(b) Penalties.—** The punishment for an offense under subsection (a) is— (1) a fine under this title, imprisonment for not more than 5 years, or both, if— (A) the offense is committed in furtherance of any felony under the laws of the United States or of any State; or (B) the defendant has previously been convicted under this section or section 1030, or under the law of any State for conduct involving the transmission of multiple commercial electronic mail m

Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 1037

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 7703 — Prohibition against predatory and abusive commercial e-mail

**(a) Omitted** **(b) United States Sentencing Commission** (1) **Directive** — Pursuant to its authority under [section 994(p) of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section994/p&num=0&edition=prelim) and in accordance with this section, the United States Sentencing Commission shall review and, as appropriate, amend the sentencing guidelines and policy statements to provide appropriate penalties for violations of [section 1037 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1037&num=0&edition=prelim), as added by this section, and other offenses that may be facilitated by the sending of large quantities of unsolicited electronic mail. (2) **Requirements** — In carrying out this subsection, the Sentencing Commission shall consider providing sentencing enhancements for— (A) those convicted under [section 1037 of title 18](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section1037&num=0&edition=prelim) who— (i) obtained electronic mail addresses through improper means, including— (I) harvesting electronic mail addresses of the users of a website, proprietary service, or other online public forum operated by another person, without the authorization of such person; and (II) randomly generating electronic mail addresses by computer; or (ii) knew that the commercial electronic mail messages involved in the offense contained or advertised an Internet domain for which the registrant of the domain had provided false registration information; and (B) those convicted of other offenses, including offenses involving fraud, identity theft, obscenity, child pornography, and the sexual exploitation of children, if such offenses involved the sending

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 7703

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

47 U.S.C. § 227 — Restrictions on use of telephone equipment

**(a) Definitions** As used in this section— (1) The term “automatic telephone dialing system” means equipment which has the capacity— (A) to store or produce telephone numbers to be called, using a random or sequential number generator; and (B) to dial such numbers. (2) The term “established business relationship”, for purposes only of subsection (b)(1)(C)(i), shall have the meaning given the term in section 64.1200 of title 47, Code of Federal Regulations, as in effect on January 1, 2003, except that— (A) such term shall include a relationship between a person or entity and a business subscriber subject to the same terms applicable under such section to a relationship between a person or entity and a residential subscriber; and (B) an established business relationship shall be subject to any time limitation established pursuant to paragraph (2)(G)).11 So in original. Second closing parenthesis probably should not appear. (3) The term “telephone facsimile machine” means equipment which has the capacity (A) to transcribe text or images, or both, from paper into an electronic signal and to transmit that signal over a regular telephone line, or (B) to transcribe text or images (or both) from an electronic signal received over a regular telephone line onto paper. (4) The term “telephone solicitation” means the initiation of a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, which is transmitted to any person, but such term does not include a call or message (A) to any person with that person’s prior express invitation or permission, (B) to any person with whom the caller has an established business relationship, or (C) by a tax exempt nonprofit organization. (5) The term “un

Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 227

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 7701 — Congressional findings and policy

**(a) Findings** The Congress finds the following: (1) Electronic mail has become an extremely important and popular means of communication, relied on by millions of Americans on a daily basis for personal and commercial purposes. Its low cost and global reach make it extremely convenient and efficient, and offer unique opportunities for the development and growth of frictionless commerce. (2) The convenience and efficiency of electronic mail are threatened by the extremely rapid growth in the volume of unsolicited commercial electronic mail. Unsolicited commercial electronic mail is currently estimated to account for over half of all electronic mail traffic, up from an estimated 7 percent in 2001, and the volume continues to rise. Most of these messages are fraudulent or deceptive in one or more respects. (3) The receipt of unsolicited commercial electronic mail may result in costs to recipients who cannot refuse to accept such mail and who incur costs for the storage of such mail, or for the time spent accessing, reviewing, and discarding such mail, or for both. (4) The receipt of a large number of unwanted messages also decreases the convenience of electronic mail and creates a risk that wanted electronic mail messages, both commercial and noncommercial, will be lost, overlooked, or discarded amidst the larger volume of unwanted messages, thus reducing the reliability and usefulness of electronic mail to the recipient. (5) Some commercial electronic mail contains material that many recipients may consider vulgar or pornographic in nature. (6) The growth in unsolicited commercial electronic mail imposes significant monetary costs on providers of Internet access services, businesses, and educational and nonprofit institutions that carry and receive such mail, as

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 7701

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 553 — Rule making

**(a)** This section applies, according to the provisions thereof, except to the extent that there is involved— (1) a military or foreign affairs function of the United States; or (2) a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts. **(b)** General notice of proposed rule making shall be published in the Federal Register, unless persons subject thereto are named and either personally served or otherwise have actual notice thereof in accordance with law. The notice shall include— (1) a statement of the time, place, and nature of public rule making proceedings; (2) reference to the legal authority under which the rule is proposed; (3) either the terms or substance of the proposed rule or a description of the subjects and issues involved; and (4) the Internet address of a summary of not more than 100 words in length of the proposed rule, in plain language, that shall be posted on the Internet website under section 206(d) of the E-Government Act of 2002 ([44 U.S.C. 3501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3501&num=0&edition=prelim) note) (commonly known as regulations.gov). Except when notice or hearing is required by statute, this subsection does not apply— (A) to interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice; or (B) when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest. **(c)** After notice required by this section, the agency shall give interested persons an opportunity to participate in the rule making through subm

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 553

Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 7702 — Definitions

In this chapter: (1) **Affirmative consent** — The term “affirmative consent”, when used with respect to a commercial electronic mail message, means that— (A) the recipient expressly consented to receive the message, either in response to a clear and conspicuous request for such consent or at the recipient’s own initiative; and (B) if the message is from a party other than the party to which the recipient communicated such consent, the recipient was given clear and conspicuous notice at the time the consent was communicated that the recipient’s electronic mail address could be transferred to such other party for the purpose of initiating commercial electronic mail messages. (2) **Commercial electronic mail message** (A) *In general* — The term “commercial electronic mail message” means any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service (including content on an Internet website operated for a commercial purpose). (B) *Transactional or relationship messages* — The term “commercial electronic mail message” does not include a transactional or relationship message. (C) *Regulations regarding primary purpose* — Not later than 12 months after December 16, 2003, the Commission shall issue regulations pursuant to [section 7711 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section7711&num=0&edition=prelim) defining the relevant criteria to facilitate the determination of the primary purpose of an electronic mail message. (D) *Reference to company or website* — The inclusion of a reference to a commercial entity or a link to the website of a commercial entity in an electronic mail message does not, by itself, cause such message to be treat

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 7702

Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 7704 — Other protections for users of commercial electronic mail

**(a) Requirements for transmission of messages** (1) **Prohibition of false or misleading transmission information** — It is unlawful for any person to initiate the transmission, to a protected computer, of a commercial electronic mail message, or a transactional or relationship message, that contains, or is accompanied by, header information that is materially false or materially misleading. For purposes of this paragraph— (A) header information that is technically accurate but includes an originating electronic mail address, domain name, or Internet Protocol address the access to which for purposes of initiating the message was obtained by means of false or fraudulent pretenses or representations shall be considered materially misleading; (B) a “from” line (the line identifying or purporting to identify a person initiating the message) that accurately identifies any person who initiated the message shall not be considered materially false or materially misleading; and (C) header information shall be considered materially misleading if it fails to identify accurately a protected computer used to initiate the message because the person initiating the message knowingly uses another protected computer to relay or retransmit the message for purposes of disguising its origin. (2) **Prohibition of deceptive subject headings** — It is unlawful for any person to initiate the transmission to a protected computer of a commercial electronic mail message if such person has actual knowledge, or knowledge fairly implied on the basis of objective circumstances, that a subject heading of the message would be likely to mislead a recipient, acting reasonably under the circumstances, about a material fact regarding the contents or subject matter of the message (consistent wit

Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 7704

Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.

Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 7711 — Regulations

Page 2389 TITLE 15—COMMERCE AND TRADE § 7713 § 7711. Regulations (a) In general The Commission may issue regulations to im- plement the provisions of this Act (not includ- ing the amendments made by sections 4 and 12). Any such regulations shall be issued in accord- ance with section 553 of title 5. (b) Limitation Subsection (a) may not be construed to au- thorize the Commission to establish a require- ment pursuant to section 7704(a)(5)(A) of this title to include any specific words, characters, marks, or labels in a commercial electronic mail message, or to include the identification re- quired by section 7704(a)(5)(A) of this title in any particular part of such a mail message (such as the subject line or body). (Pub. L. 108–187, § 13, Dec. 16, 2003, 117 Stat. 2717.) Editorial Notes REFERENCES IN TEXT This Act (not including the amendments made by sec- tions 4 and 12), referred to in subsec. (a), is Pub. L. 108–187, Dec. 16, 2003, 117 Stat. 2699, which is classified principally to this chapter. Section 4 enacted section 7703 of this title, section 1037 of Title 18, Crimes and Criminal Procedure, and provisions listed in a table re- lating to sentencing guidelines set out as a note under section 994 of Title 28, Judiciary and Judicial Proce- dure. Section 12 amended section 227 of Title 47, Tele- communications. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 7701 of this title and Tables. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 2004, see section 16 of Pub. L. 108–187, set out as a note under section 7701 of this title. § 7712. Application to wireless (a) Effect on other law Nothing in this chapter shall be interpreted to preclude or override the appli

Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 7711

Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.