15 U.S.C. § 7707 — Effect on other laws

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 classified generally to chapter 14 (§ 1751 et seq.) of Title 12, Banks and Banking. For complete classifica- tion of this Act to the Code, see section 1751 of Title 12 and Tables. The Securities Exchange Act of 1934, referred to in subsec. (b)(3), is act June 6, 1934, ch. 404, 48 Stat. 881, which is classified principally to chapter 2B (§ 78a et seq.) of this title. For complete classification of this Act to the Code, see section 78a of this title and Tables. The Investment Company Act of 1940, referred to in subsec. (b)(4), is title I of act Aug. 22, 1940, ch. 686, 54 Stat. 789, which is classified generally to subchapter I (§ 80a–1 et seq.) of chapter 2D of this title. For complete classification of this Act to the Code, see section 80a–51 of this title and Tables. The Investment Advisers Act of 1940, referred to in subsec. (b)(5), is title II of act Aug. 22, 1940, ch. 686, 54 Stat. 847, which is classified generally to subchapter II (§ 80b–1 et seq.) of chapter 2D of this title. For complete classification of this Act to the Code, see section 80b–20 of this title and Tables. The Packers and Stockyards Act, 1921, referred to in subsec. (b)(8), is act Aug. 15, 1921, ch. 64, 42 Stat. 159, which is classified generally to chapter 9 (§ 181 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see section 181 of Title 7 and Ta- bles. The Farm Credit Act of 1971, referred to in subsec. (b)(9), is Pub. L. 92–181, Dec. 10, 1971, 85 Stat. 583, which is classified principally to chapter 23 (§ 2001 et seq.) of Title 12, Banks and Banking. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 2001 of Title 12 and Tables. The Communications Act of 1934, referred to in sub- sec. (b)(10), is act June 19, 1934, ch. 652, 48 Stat. 1064, which is classified principally to chapter 5 (§ 151 et seq.) of Title 47, Telecommunications. For complete classi- fication of this Act to the Code, see section 609 of Title 47 and Tables. The Federal Trade Commission Act, referred to in subsec. (d), is act Sept. 26, 1914, ch. 311, 38 Stat. 717, which is classified generally to subchapter I (§ 41 et seq.) of chapter 2 of this title. For complete classifica- tion of this Act to the Code, see section 58 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. § 7707. Effect on other laws (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 stat- ute. (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, regula- tion, 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 decep- tion 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 pre- empt the applicability of— (A) State laws that are not specific to elec- tronic mail, including State trespass, con- tract, or tort law; or (B) other State laws to the extent that those laws relate to acts of fraud or com- puter 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 unlawful- ness, 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. (Pub. L. 108–187, § 8, Dec. 16, 2003, 117 Stat. 2716.) 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 Page 2388 TITLE 15—COMMERCE AND TRADE § 7708 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. 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. § 7708. Do-Not-E-Mail registry (a) In general Not later than 6 months after December 16, 2003, the Commission shall transmit to the Sen- ate Committee on Commerce, Science, and Transportation and the House of Representa- tives Committee on Energy and Commerce a re- port that— (1) sets forth a plan and timetable for estab- lishing a nationwide marketing Do-Not-E-Mail registry; (2) includes an explanation of any practical, technical, security, privacy, enforceability, or other concerns that the Commission has re- garding such a registry; and (3) includes an explanation of how the reg- istry would be applied with respect to children with e-mail accounts. (b) Authorization to implement The Commission may establish and implement the plan, but not earlier than 9 months after De- cember 16, 2003. (Pub. L. 108–187, § 9, Dec. 16, 2003, 117 Stat. 2716.) § 7709. Study of effects of commercial electronic mail (a) In general Not later than 24 months after December 16, 2003, the Commission, in consultation with the Department of Justice and other appropriate agencies, shall submit a report to the Congress that provides a detailed analysis of the effec- tiveness and enforcement of the provisions of this chapter and the need (if any) for the Con- gress to modify such provisions. (b) Required analysis The Commission shall include in the report re- quired by subsection (a)— (1) an analysis of the extent to which tech- nological and marketplace developments, in- cluding changes in the nature of the devices through which consumers access their elec- tronic mail messages, may affect the practi- cality and effectiveness of the provisions of this chapter; (2) analysis and recommendations con- cerning how to address commercial electronic mail that originates in or is transmitted through or to facilities or computers in other nations, including initiatives or policy posi- tions that the Federal Government could pur- sue through international negotiations, fora, organizations, or institutions; and (3) analysis and recommendations con- cerning options for protecting consumers, in- cluding children, from the receipt and viewing of commercial electronic mail that is obscene or pornographic. (Pub. L. 108–187, § 10, Dec. 16, 2003, 117 Stat. 2716.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a) and (b)(1), was in the original ‘‘this Act’’, meaning Pub. L. 108–187, Dec. 16, 2003, 117 Stat. 2699, which is classified prin- cipally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 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. § 7710. Improving enforcement by providing re- wards for information about violations; label- ing The Commission shall transmit to the Senate Committee on Commerce, Science, and Trans- portation and the House of Representatives Committee on Energy and Commerce— (1) a report, within 9 months after December 16, 2003, that sets forth a system for rewarding those who supply information about violations of this chapter, including— (A) procedures for the Commission to grant a reward of not less than 20 percent of the total civil penalty collected for a viola- tion of this chapter to the first person that— (i) identifies the person in violation of this chapter; and (ii) supplies information that leads to the successful collection of a civil penalty by the Commission; and (B) procedures to minimize the burden of submitting a complaint to the Commission concerning violations of this chapter, in- cluding procedures to allow the electronic submission of complaints to the Commis- sion; and (2) a report, within 18 months after Decem- ber 16, 2003, that sets forth a plan for requiring commercial electronic mail to be identifiable from its subject line, by means of compliance with Internet Engineering Task Force Stand- ards, the use of the characters ‘‘ADV’’ in the subject line, or other comparable identifier, or an explanation of any concerns the Commis- sion has that cause the Commission to rec- ommend against the plan. (Pub. L. 108–187, § 11, Dec. 16, 2003, 117 Stat. 2717.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in par. (1), was in the origi- nal ‘‘this Act’’, meaning Pub. L. 108–187, Dec. 16, 2003, 117 Stat. 2699, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 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.