15 U.S.C. § 7703 | Prohibition against predatory and abusive commercial e-mail

(a)

Omitted

(b)

United States Sentencing Commission

(1)

Directive

section 994(p) of title 28 section 1037 of title 18Pursuant to its authority under and in accordance with this section, the United States Sentencing Commission shall review and, as appropriate, amend the sentencing guidelines and policy statements to provide appropriate penalties for violations of , as added by this section, and other offenses that may be facilitated by the sending of large quantities of unsolicited electronic mail.

(2)

Requirements

In carrying out this subsection, the Sentencing Commission shall consider providing sentencing enhancements for—

(A)

section 1037 of title 18 those convicted under who—

(i)

obtained electronic mail addresses through improper means, including—

(I)

harvesting electronic mail addresses of the users of a website, proprietary service, or other online public forum operated by another person, without the authorization of such person; and

(II)

randomly generating electronic mail addresses by computer; or

(ii)

knew that the commercial electronic mail messages involved in the offense contained or advertised an Internet domain for which the registrant of the domain had provided false registration information; and

(B)

those convicted of other offenses, including offenses involving fraud, identity theft, obscenity, child pornography, and the sexual exploitation of children, if such offenses involved the sending of large quantities of electronic mail.

(c)

Sense of Congress

It is 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, including the tools contained in chapters 47 and 63 of title 18 (relating to fraud and false statements); chapter 71 of title 18 (relating to obscenity); chapter 110 of title 18 (relating to the sexual exploitation of children); and chapter 95 of title 18 (relating to racketeering), as appropriate.

Pub. L. 108–187, § 4Dec. 16, 2003117 Stat. 2703 (, , .)

Editorial Notes

Codification

section 4 of Pub. L. 108–187 section 4 of Pub. L. 108–187 section 1037 of Title 18 section 4 of Pub. L. 108–187 section 994 of Title 28Section is comprised of . Subsec. (a) of enacted , Crimes and Criminal Procedure, and amended analysis for chapter 47 of Title 18. The provisions of subsec. (b) of are also listed in a table relating to sentencing guidelines set out as a note under , Judiciary and Judicial Procedure.

Statutory Notes and Related Subsidiaries

Effective Date

Jan. 1, 2004section 16 of Pub. L. 108–187 section 7701 of this titleSection effective , see , set out as a note under .