15 U.S.C. § 7703 : US Code - Section 7703: Prohibition against predatory and abusive commercial e- mail

Search 15 U.S.C. § 7703 : US Code - Section 7703: Prohibition against predatory and abusive commercial e- mail

(a) Omitted
(b) United States Sentencing Commission
(1) Directive
Pursuant to its authority under section 994(p) of title 28 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 section 1037 of title 18, 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) those convicted under section 1037 of title 18 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.