15 U.S.C. § 7708 — Do-Not-E-Mail registry

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.