Thu, 3 Dec 1998 16:51:19 -0500
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On Wed, 2 Dec 1998, Russ Hunt wrote:
> This isn't really relevant to the subject of owning lists, but I
> wonder what the real status of that "bill" or "law" that the spammer
> referred to is? Does such a thing actually exist, or is it just
> another way of getting unsuspecting victims to take these swine
> seriously and send them their addresses so they can send _more_
> garbage out?
>
A quick search at http://thomas.loc.gov/home/thomas2.html provides text of
the bill: (I may be wrong but I believe "the Commision" is the FCC). Note
that section 302 provides remedies.
TITLE III--SPAMMING
SEC. 301. REQUIREMENTS RELATING TO TRANSMISSIONS OF UNSOLICITED
COMMERCIAL ELECTRONIC MAIL.
(a) INFORMATION TO BE INCLUDED IN TRANSMISSIONS-
(1) IN GENERAL- A person who transmits an unsolicited commercial
electronic mail message shall cause to
appear in each such electronic mail message the information
specified in paragraph (2).
(2) COVERED INFORMATION- The following information shall appear
at the beginning of the body of an
unsolicited commercial electronic mail message under paragraph
(1):
(A) The name, physical address, electronic mail address,
and telephone number of the person who
initiates transmission of the message.
(B) The name, physical address, electronic mail address,
and telephone number of the person who
created the content of the message, if different from the
information under subparagraph (A).
(C) A statement that further transmissions of unsolicited
commercial electronic mail to the recipient by
the person who initiates transmission of the message may be
stopped at no cost to the recipient by
sending a reply to the originating electronic mail address
with the word `remove' in the subject line.
(b) ROUTING INFORMATION- All Internet routing information contained
within or accompanying an electronic
mail message described in subsection (a) must be accurate, valid
according to the prevailing standards for Internet
protocols, and accurately reflect message routing.
(c) EFFECTIVE DATE- The requirements in this section shall take
effect 30 days after the date of enactment of this
Act.
SEC. 302. FEDERAL OVERSIGHT OF UNSOLICITED COMMERCIAL ELECTRONIC
MAIL.
(a) TRANSMISSIONS-
(1) IN GENERAL- Upon notice from a person of the person's
receipt of electronic mail in violation of a
provision of section 301 or 305, the Commission--
(A) may conduct an investigation to determine whether or
not the electronic mail was transmitted in
violation of such provision; and
(B) if the Commission determines that the electronic mail
was transmitted in violation of such provision,
may--
(i) impose upon the person initiating the transmission
a civil fine in an amount not to exceed
$15,000;
(ii) commence in a district court of the United States
a civil action to recover a civil penalty in an
amount not to exceed $15,000 against the person
initiating the transmission;
(iii) commence an action in a district court of the
United States a civil action to seek injunctive
relief; or
(iv) proceed under any combination of the authorities
set forth in clauses (i), (ii), and (iii).
(2) DEADLINE- The Commission may not take action under paragraph
(1)(B) with respect to a transmission
of electronic mail more than 2 years after the date of the
transmission.
(b) ADMINISTRATION-
(1) NOTICE BY ELECTRONIC MEANS- The Commission shall establish
an Internet web site with an
electronic mail address for the receipt of notices under
subsection (a).
(2) INFORMATION ON ENFORCEMENT- The Commission shall make
available through the Internet web
site established under paragraph (1) information on the actions
taken by the Commission under subsection
(a)(1)(B).
(3) ASSISTANCE OF OTHER FEDERAL AGENCIES- Other Federal agencies
may assist the Commission
in carrying out its duties under this section.
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