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15 U.S.C. § 7707 — Effect on other laws
Federal law — U.S. Code and appendices · legal_authorities
**(a) Federal law**
(1) Nothing in this chapter shall be construed to impair the enforcement of section 223 or 231 of title 47, chapter 71 (relating to obscenity) or 110 (relating to sexual exploitation of children) of title 18, or any other Federal criminal statute.
(2) Nothing in this chapter shall be construed to affect in any way the Commission’s authority to bring enforcement actions under FTC Act for materially false or deceptive representations or unfair practices in commercial electronic mail messages.
**(b) State law**
(1) **In general** — This chapter supersedes any statute, regulation, or rule of a State or political subdivision of a State that expressly regulates the use of electronic mail to send commercial messages, except to the extent that any such statute, regulation, or rule prohibits falsity or deception in any portion of a commercial electronic mail message or information attached thereto.
(2) **State law not specific to electronic mail** — This chapter shall not be construed to preempt the applicability of—
(A) State laws that are not specific to electronic mail, including State trespass, contract, or tort law; or
(B) other State laws to the extent that those laws relate to acts of fraud or computer crime.
**(c) No effect on policies of providers of Internet access service** Nothing in this chapter shall be construed to have any effect on the lawfulness or unlawfulness, under any other provision of law, of the adoption, implementation, or enforcement by a provider of Internet access service of a policy of declining to transmit, route, relay, handle, or store certain types of electronic mail messages.
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Source location: Title 15, Chapter 103, § 7707; chapter-103-controlling-the-assault-of-non-solicited-pornography-and-marketing.md
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**(a) Federal law**
(1) Nothing in this chapter shall be construed to impair the enforcement of section 223 or 231 of title 47, chapter 71 (relating to obscenity) or 110 (relating to sexual exploitation of children) of title 18, or any other Federal criminal statute.
(2) Nothing in this chapter shall be construed to affect in any way the Commission’s authority to bring enforcement actions under FTC Act for materially false or deceptive representations or unfair practices in commercial electronic mail messages.
**(b) State law**
(1) **In general** — This chapter supersedes any statute, regulation, or rule of a State or political subdivision of a State that expressly regulates the use of electronic mail to send commercial messages, except to the extent that any such statute, regulation, or rule prohibits falsity or deception in any portion of a commercial electronic mail message or information attached thereto.
(2) **State law not specific to electronic mail** — This chapter shall not be construed to preempt the applicability of—
(A) State laws that are not specific to electronic mail, including State trespass, contract, or tort law; or
(B) other State laws to the extent that those laws relate to acts of fraud or computer crime.
**(c) No effect on policies of providers of Internet access service** Nothing in this chapter shall be construed to have any effect on the lawfulness or unlawfulness, under any other provision of law, of the adoption, implementation, or enforcement by a provider of Internet access service of a policy of declining to transmit, route, relay, handle, or store certain types of electronic mail messages.
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Federal law — U.S. Code and appendices · legal_authorities
**(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
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Federal law — U.S. Code and appendices · legal_authorities
Page 2387
TITLE 15—COMMERCE AND TRADE
§ 7707
times the amount otherwise available under
this paragraph if—
(i) the court determines that the defend-
ant committed the violation willfully and
knowingly; or
(ii) the defendant’s unlawful activity in-
cluded one or more of the aggravated vio-
lations set forth in section 7704(b) of this
title.
(D) Reduction of damages
In assessing damages under subparagraph
(A), the court may consider whether—
(i) the defendant has established and im-
plemented, with due care, commercially
reasonable practices and procedures de-
signed to effectively prevent such viola-
tions; or
(ii) the violation occurred despite com-
mercially reasonable efforts to maintain
compliance with the practices and proce-
dures to which reference is made in clause
(i).
(4) Attorney fees
In any action brought pursuant to paragraph
(1), the court may, in its discretion, require an
undertaking for the payment of the costs of
such action, and assess reasonable costs, in-
cluding reasonable attorneys’ fees, against
any party.
(Pub. L. 108–187, § 7, Dec. 16, 2003, 117 Stat. 2711.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this Act’’, meaning Pub. L. 108–187, Dec. 16, 2003, 117
Stat. 2699, which is classified principally to this chap-
ter. For complete classification of this Act to the Code,
see Short Title note set out under section 7701 of this
title and Tables.
Sections 25 and 25A of the Federal Reserve Act, re-
ferred to in subsec. (b)(1)(B), are classified to sub-
chapters I (§ 601 et seq.) and II (§ 611 et seq.), respec-
tively, of chapter 6 of Title 12, Banks and Banking.
The Federal Credit Union Act, referred to in subsec.
(b)(2), is act June 26, 1934, ch. 750, 48 Stat. 1216, which
is
Source: Supplied 2024 U.S. Code historical extraction · 15 U.S.C. § 7707
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