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

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

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

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Stable record: federal_law:legal_authorities:record_usc_75b61a197a449f1d375af05b
Source file: Laws/federal/codes/united-states-code/title-15/section-7703-prohibition-against-predatory-and-abusive-commercial-e-mail--a6e3adcdee.md
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Source location: Title 15, Chapter 103, § 7703; chapter-103-controlling-the-assault-of-non-solicited-pornography-and-marketing.md

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**(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 of large quantities of electronic mail. **(c) Sense of Congress** It is the sense of Congress that— (1) Spam has become the method of choice for those who distribute pornography, perpetrate fraudulent schemes, and introduce viruses, worms, and Trojan horses into personal and business computer systems; and (2) the Department of Justice should use all existing law enforcement tools to investigate and prosecute those who send bulk commercial e-mail to facilitate the commission of Federal crimes, including the tools contained in chapters 47 and 63 of title 18 (relating to fraud and false statements); chapter 71 of title 18 (relating to obscenity); chapter 110 of title 18 (relating to the sexual exploitation of children); and chapter 95 of title 18 (relating to racketeering), as appropriate.

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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

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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

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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

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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

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

15 U.S.C. § 7703 — Prohibition against predatory and abu-

Page 2381 TITLE 15—COMMERCE AND TRADE § 7704 § 7703. Prohibition against predatory and abu- sive commercial e-mail (a) Omitted (b) United States Sentencing Commission (1) Directive Pursuant to its authority under section 994(p) of title 28 and in accordance with this section, the United States Sentencing Com- mission shall review and, as appropriate, amend the sentencing guidelines and policy statements to provide appropriate penalties for violations of section 1037 of title 18, 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 Sen- tencing Commission shall consider providing sentencing enhancements for— (A) those convicted under section 1037 of title 18 who— (i) obtained electronic mail addresses through improper means, including— (I) harvesting electronic mail address- es of the users of a website, proprietary service, or other online public forum op- erated 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 con- tained or advertised an Internet domain for which the registrant of the domain had provided false registration information; and (B) those convicted of other offenses, in- cluding offenses involving fraud, identity theft, obscenity, child pornography, and the sexual exploitation of children, if such of- fenses involved the sending of large quan- tities of electronic mail. (c) Sense of Congress It is the sense of Congress that— (1) Spam has become the method of choice for those who distribute pornography, per- petrate fraudulent schemes,

Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 7703

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