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{link: 'http://hdl.loc.gov/loc.uscongress/legislation.108s877',title: 'Thomas - Bill Summary and Status - S.877' }

S.877
Title: A bill to regulate interstate commerce by imposing limitations and penalties on the transmission of unsolicited commercial electronic mail via the Internet.
Sponsor: Sen Burns, Conrad R. [MT] (introduced 4/10/2003)      Cosponsors (22)
Latest Major Action: Became Public Law No: 108-187 [GPO: Text, PDF]
Senate Reports: 108-102
Jump to: Summary, Major Actions, All Actions, Titles, Cosponsors, Committees, Related Bill Details, Amendments
SUMMARY AS OF:
12/16/2003--Public Law.    (There are 3 other summaries)

Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 or the CAN-SPAM Act of 2003 - (Sec. 2) Sets forth the determination of Congress that: (1) there is a substantial government interest in regulation of commercial electronic mail (spam); (2) senders of spam should not mislead recipients as to the source or content of such mail; and (3) recipients of spam have a right to decline to receive additional spam from the same source.

(Sec. 3) Requires the Federal Trade Commission (FTC) to issue regulations defining the relevant criteria to facilitate the determination of the primary purpose of an electronic mail message.

(Sec. 4) Amends the Federal criminal code to subject to a fine, imprisonment, or both any person who: (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 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 messages and intentionally initiates the transmission thereof; (4) registers, with materially false identifying information, for five or more electronic mail accounts or online user accounts or two or more domain names and intentionally initiates the transmission of multiple messages from such accounts or domain names; or (5) falsely represents oneself to be the registrant or legitimate successor in interest to the registrant of five or more Internet protocol addresses and intentionally initiates the transmission of multiple messages from such addresses. Allows for: (1) higher penalties in the case of offenses committed in furtherance of any felony or if the defendant has previously been convicted for conduct involving the transmission of multiple messages or unauthorized access to a computer system; and (2) the forfeiture of property obtained from such an offense and equipment, software, or other technology used to commit such an offense. Directs the U.S. Sentencing Commission to review and amend sentencing guidelines to provide appropriate penalties for such violations.

Expresses 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.

(Sec. 5) Sets forth protections against spam that include: (1) a prohibition against false or misleading transmission information; (2) a prohibition against deceptive subject headings; (3) mandatory inclusion of a return address or a comparable mechanism in commercial electronic mail; (4) a prohibition against transmission of spam after objection (including a prohibition against transferring or releasing an email address after an objection); (5) mandatory inclusion in spam of information identifying the message as an advertisement or solicitation, notice of the opportunity to decline to receive further unsolicited messages from the sender, and the sender's physical address; (6) a prohibition against initiating transmission of spam to a protected computer, or assisting in the origination of such message through the provision of addresses, if the person had actual knowledge, or knowledge fairly implied on the basis of objective circumstances, that the recipient's address was obtained from an Internet website or proprietary online service that included a notice that the operator will not provide addresses for initiating unsolicited messages; (7) a prohibition against using automated means to register for multiple email accounts for the transmission of spam; and (8) a prohibition against relaying or retransmitting an unsolicited message that is unlawful under this section.

Requires a person, when initiating commercial electronic mail containing sexually oriented material, to provide labels warning of such content, unless the recipient has giver prior affirmative consent to receipt of such mail. Provides criminal penalties for violations.

(Sec. 6) Prohibits: (1) promoting a business by the use of email containing false or misleading transmission information; and (2) enforcement against third parties, with exceptions.

(Sec. 7) Confers enforcement powers for violations of this Act upon the FTC, designated Federal agencies, and States. Allows for the award of aggravated damages in certain cases. Permits a provider of Internet access service adversely affected by a violation of this Act to bring a civil action.

(Sec. 9) Directs the FTC to submit to: (1) specified congressional committees a plan and timetable for establishing a nationwide marketing Do-Not-E-mail registry; and (2) Congress a report of the effectiveness and enforcement of provisions of this Act.

(Sec. 11) Directs the FTC to submit to specified congressional committees reports that set forth: (1) a system for rewarding those who supply information about violations of this Act; and (2) a plan for requiring spam to be identifiable from its subject line.

(Sec. 12) Amends the Communications Act of 1934 to make certain restrictions on the use of automated telephone equipment applicable to persons outside the United States (currently, only to persons within the United States) if the call recipient is within the United States.

(Sec. 14) Requires the Federal Communications Commission (FCC) to promulgate rules to protect consumers from unwanted mobile service commercial messages, including rules to: (1) provide subscribers with the ability to avoid receiving such messages unless they have provided express prior authorization; and (2) allow recipients to indicate electronically their desire not to receive such messages in the future.

MAJOR ACTIONS:

4/10/2003 Introduced in Senate
7/16/2003 Committee on Commerce, Science, and Transportation. Reported by Senator McCain with an amendment in the nature of a substitute. With written report No. 108-102.
10/22/2003 Passed/agreed to in Senate: Passed Senate with an amendment by Yea-Nay Vote. 97 - 0. Record Vote Number: 404.
11/22/2003 Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 392 - 5 (Roll no. 671).
11/25/2003 Resolving differences -- Senate actions: Senate concurred in the House amendment with an amendment by Unanimous Consent.
12/8/2003 Resolving differences -- House actions: On motion that the House agree to the Senate amendment to the House amendment Agreed to without objection.
12/8/2003 Cleared for White House.
12/11/2003 Presented to President.
12/16/2003 Signed by President.
12/16/2003 Became Public Law No: 108-187 [Text, PDF]
ALL ACTIONS:
4/10/2003:
Sponsor introductory remarks on measure. (CR S5204)
4/10/2003:
Read twice and referred to the Committee on Commerce, Science, and Transportation. (text of measure as introduced: CR S5204-5207)
6/19/2003:
Committee on Commerce, Science, and Transportation. Ordered to be reported with an amendment in the nature of a substitute favorably.
7/16/2003:
Committee on Commerce, Science, and Transportation. Reported by Senator McCain with an amendment in the nature of a substitute. With written report No. 108-102.
7/16/2003:
Placed on Senate Legislative Calendar under General Orders. Calendar No. 209.
10/22/2003:
Measure laid before Senate by unanimous consent. (consideration: CR S13012-13045; text of measure as reported in Senate: CR S13012-13019)
10/22/2003:
The committee substitute agreed to by Unanimous Consent.
10/22/2003:
S.AMDT.1891 Amendment SA 1891 proposed by Senator Wyden. (consideration: CR S13024, S13026-13027; text: CR S13024)
To clarify the provision prohibiting false or misleading transmission information, and for other purposes.
10/22/2003:
S.AMDT.1891 Amendment SA 1891 as modified agreed to in Senate by Voice Vote. (text as modified: CR S13026)
10/22/2003:
S.AMDT.1892 Amendment SA 1892 proposed by Senator Schumer. (consideration: CR S13024-13026, S13027; text: CR S13024)
To authorize the Commission to implement a nationwide "Do Not E-mail" registry.
10/22/2003:
S.AMDT.1892 Amendment SA 1892 agreed to in Senate by Voice Vote.
10/22/2003:
S.AMDT.1893 Amendment SA 1893 proposed by Senator Hatch. (consideration: CR S13027-13032; text: CR S13027-13028)
To revise the criminal penalty provisions of the bill as reported, and for other purposes.
10/22/2003:
S.AMDT.1893 Amendment SA 1893 agreed to in Senate by Voice Vote.
10/22/2003:
S.AMDT.1894 Amendment SA 1894 proposed by Senator McCain for Senator Enzi. (consideration: CR S13035-13037, S13039-13040; text: CR S13035)
To require warning labels on sexually explicit commercial e-mail.
10/22/2003:
S.AMDT.1895 Amendment SA 1895 proposed by Senator Harkin. (consideration: CR S13037-13039; text: CR S13037-13038)
To provide competitive grants for training court reporters and closed captioners to meet requirements for realtime writers under the Telecommunications Act of 1996, and for other purposes.
10/22/2003:
S.AMDT.1895 Amendment SA 1895 agreed to in Senate by Voice Vote.
10/22/2003:
S.AMDT.1894 Amendment SA 1894 agreed to in Senate by Voice Vote.
10/22/2003:
S.AMDT.1896 Amendment SA 1896 proposed by Senator McCain for Senator Corzine. (consideration: CR S13040-13041; text: CR S13040)
To direct the FTC to develop a system for rewarding those who supply information about violations of this Act and a system for requiring ADV labeling on unsolicited commercial electronic mail.
10/22/2003:
S.AMDT.1896 Amendment SA 1896 agreed to in Senate by Voice Vote.
10/22/2003:
Passed Senate with an amendment by Yea-Nay Vote. 97 - 0. Record Vote Number: 404. (text: CR 10/23/2003 S13176-13182)
10/24/2003:
Message on Senate action sent to the House.
10/24/2003 10:02am:
Received in the House.
10/24/2003 12:03pm:
Held at the desk.
11/21/2003 5:12pm:
Mr. Tauzin moved to suspend the rules and pass the bill, as amended.
11/21/2003 5:12pm:
Considered under suspension of the rules. (consideration: CR H12186-12198)
11/21/2003 5:12pm:
DEBATE - The House proceeded with forty minutes of debate on S. 877.
11/21/2003 5:55pm:
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
11/22/2003 6:12am:
Considered as unfinished business. (consideration: CR 11/21/2003 H12297-12298)
11/22/2003 6:21am:
On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 392 - 5 (Roll no. 671). (text: CR 11/21/2003 H12186-12191)
11/22/2003 6:21am:
Motion to reconsider laid on the table Agreed to without objection.
11/22/2003:
Message on House action received in Senate and at desk: House amendment to Senate bill.
11/25/2003:
Senate concurred in the House amendment with an amendment by Unanimous Consent. (consideration: CR S15938-15948)
11/25/2003:
S.AMDT.2219 Amendment SA 2219 proposed by Senator Burns. (consideration: CR S15943)
In the nature of a substitute.
11/25/2003:
S.AMDT.2219 Amendment SA 2219 agreed to in Senate by Unanimous Consent.
12/8/2003:
Message on Senate action sent to the House.
12/8/2003 5:04pm:
Mr. Tauzin asked unanimous consent that the House agree to the Senate amendment to the House amendment. (consideration: CR H12854-12861)
12/8/2003 5:05pm:
On motion that the House agree to the Senate amendment to the House amendment Agreed to without objection. (text as House agreed to Senate amendment to House amendment: CR H12854-12859)
12/8/2003 5:05pm:
Motion to reconsider laid on the table Agreed to without objection.
12/8/2003:
Cleared for White House.
12/11/2003:
Presented to President.
12/16/2003:
Signed by President.
12/16/2003:
Became Public Law No: 108-187.
TITLE(S):  (italics indicate a title for a portion of a bill)
COSPONSORS(22), ALPHABETICAL [followed by Cosponsors withdrawn]:     (Sort: by date)

COMMITTEE(S):
RELATED BILL DETAILS:

AMENDMENT(S):

1. H.AMDT.454 to S.877
Sponsor: Rep Tauzin, W. J. (Billy) [LA-3] (introduced 11/22/2003)      Cosponsors (None)
Latest Major Action: 11/22/2003 House amendment offered

2. S.AMDT.1891 to S.877 To clarify the provision prohibiting false or misleading transmission information, and for other purposes.
Sponsor: Sen Wyden, Ron [OR] (introduced 10/22/2003)      Cosponsors (1)
Latest Major Action: 10/22/2003 Senate amendment agreed to. Status: Amendment SA 1891 as modified agreed to in Senate by Voice Vote.

3. S.AMDT.1892 to S.877 To authorize the Commission to implement a nationwide "Do Not E-mail" registry.
Sponsor: Sen Schumer, Charles E. [NY] (introduced 10/22/2003)      Cosponsors (3)
Latest Major Action: 10/22/2003 Senate amendment agreed to. Status: Amendment SA 1892 agreed to in Senate by Voice Vote.

4. S.AMDT.1893 to S.877 To revise the criminal penalty provisions of the bill as reported, and for other purposes.
Sponsor: Sen Hatch, Orrin G. [UT] (introduced 10/22/2003)      Cosponsors (3)
Latest Major Action: 10/22/2003 Senate amendment agreed to. Status: Amendment SA 1893 agreed to in Senate by Voice Vote.

5. S.AMDT.1894 to S.877 To require warning labels on sexually explicit commercial e-mail.
Sponsor: Sen Enzi, Michael B. [WY] (introduced 10/22/2003)      Cosponsors (2)
Latest Major Action: 10/22/2003 Senate amendment agreed to. Status: Amendment SA 1894 agreed to in Senate by Voice Vote.

6. S.AMDT.1895 to S.877 To provide competitive grants for training court reporters and closed captioners to meet requirements for realtime writers under the Telecommunications Act of 1996, and for other purposes.
Sponsor: Sen Harkin, Tom [IA] (introduced 10/22/2003)      Cosponsors (None)
Latest Major Action: 10/22/2003 Senate amendment agreed to. Status: Amendment SA 1895 agreed to in Senate by Voice Vote.

7. S.AMDT.1896 to S.877 To direct the FTC to develop a system for rewarding those who supply information about violations of this Act and a system for requiring ADV labeling on unsolicited commercial electronic mail.
Sponsor: Sen Corzine, Jon S. [NJ] (introduced 10/22/2003)      Cosponsors (1)
Latest Major Action: 10/22/2003 Senate amendment agreed to. Status: Amendment SA 1896 agreed to in Senate by Voice Vote.

8. S.AMDT.2219 to S.877 In the nature of a substitute.
Sponsor: Sen Burns, Conrad R. [MT] (introduced 11/25/2003)      Cosponsors (3)
Latest Major Action: 11/25/2003 Senate amendment agreed to. Status: Amendment SA 2219 agreed to in Senate by Unanimous Consent.