15 U.S.C. § 7704 : US Code - Section 7704: Other protections for users of commercial electronic mail

Search 15 U.S.C. § 7704 : US Code - Section 7704: Other protections for users of commercial electronic mail

(a) Requirements for transmission of messages
(1) Prohibition of false or misleading transmission information
It is unlawful for any person to initiate the transmission, to
a protected computer, of a commercial electronic mail message, or
a transactional or relationship message, that contains, or is
accompanied by, header information that is materially false or
materially misleading. For purposes of this paragraph -
(A) header information that is technically accurate but
includes an originating electronic mail address, domain name,
or Internet Protocol address the access to which for purposes
of initiating the message was obtained by means of false or
fraudulent pretenses or representations shall be considered
materially misleading;
(B) a "from" line (the line identifying or purporting to
identify a person initiating the message) that accurately
identifies any person who initiated the message shall not be
considered materially false or materially misleading; and
(C) header information shall be considered materially
misleading if it fails to identify accurately a protected
computer used to initiate the message because the person
initiating the message knowingly uses another protected
computer to relay or retransmit the message for purposes of
disguising its origin.
(2) Prohibition of deceptive subject headings
It is unlawful for any person to initiate the transmission to a
protected computer of a commercial electronic mail message if
such person has actual knowledge, or knowledge fairly implied on
the basis of objective circumstances, that a subject heading of
the message would be likely to mislead a recipient, acting
reasonably under the circumstances, about a material fact
regarding the contents or subject matter of the message
(consistent with the criteria used in enforcement of section 45
of this title).
(3) Inclusion of return address or comparable mechanism in
commercial electronic mail
(A) In general
It is unlawful for any person to initiate the transmission to
a protected computer of a commercial electronic mail message
that does not contain a functioning return electronic mail
address or other Internet-based mechanism, clearly and
conspicuously displayed, that -
(i) a recipient may use to submit, in a manner specified in
the message, a reply electronic mail message or other form of
Internet-based communication requesting not to receive future
commercial electronic mail messages from that sender at the
electronic mail address where the message was received; and
(ii) remains capable of receiving such messages or
communications for no less than 30 days after the
transmission of the original message.
(B) More detailed options possible
The person initiating a commercial electronic mail message
may comply with subparagraph (A)(i) by providing the recipient
a list or menu from which the recipient may choose the specific
types of commercial electronic mail messages the recipient
wants to receive or does not want to receive from the sender,
if the list or menu includes an option under which the
recipient may choose not to receive any commercial electronic
mail messages from the sender.
(C) Temporary inability to receive messages or process requests
A return electronic mail address or other mechanism does not
fail to satisfy the requirements of subparagraph (A) if it is
unexpectedly and temporarily unable to receive messages or
process requests due to a technical problem beyond the control
of the sender if the problem is corrected within a reasonable
time period.
(4) Prohibition of transmission of commercial electronic mail
after objection
(A) In general
If a recipient makes a request using a mechanism provided
pursuant to paragraph (3) not to receive some or any commercial
electronic mail messages from such sender, then it is unlawful -

(i) for the sender to initiate the transmission to the
recipient, more than 10 business days after the receipt of
such request, of a commercial electronic mail message that
falls within the scope of the request;
(ii) for any person acting on behalf of the sender to
initiate the transmission to the recipient, more than 10
business days after the receipt of such request, of a
commercial electronic mail message with actual knowledge, or
knowledge fairly implied on the basis of objective
circumstances, that such message falls within the scope of
the request;
(iii) for any person acting on behalf of the sender to
assist in initiating the transmission to the recipient,
through the provision or selection of addresses to which the
message will be sent, of a commercial electronic mail message
with actual knowledge, or knowledge fairly implied on the
basis of objective circumstances, that such message would
violate clause (i) or (ii); or
(iv) for the sender, or any other person who knows that the
recipient has made such a request, to sell, lease, exchange,
or otherwise transfer or release the electronic mail address
of the recipient (including through any transaction or other
transfer involving mailing lists bearing the electronic mail
address of the recipient) for any purpose other than
compliance with this chapter or other provision of law.
(B) Subsequent affirmative consent
A prohibition in subparagraph (A) does not apply if there is
affirmative consent by the recipient subsequent to the request
under subparagraph (A).
(5) Inclusion of identifier, opt-out, and physical address in
commercial electronic mail
(A) It is unlawful for any person to initiate the transmission
of any commercial electronic mail message to a protected computer
unless the message provides -
(i) clear and conspicuous identification that the message is
an advertisement or solicitation;
(ii) clear and conspicuous notice of the opportunity under
paragraph (3) to decline to receive further commercial
electronic mail messages from the sender; and
(iii) a valid physical postal address of the sender.
(B) Subparagraph (A)(i) does not apply to the transmission of a
commercial electronic mail message if the recipient has given
prior affirmative consent to receipt of the message.
(6) Materially
For purposes of paragraph (1), the term "materially", when used
with respect to false or misleading header information, includes
the alteration or concealment of header information in a manner
that would impair the ability of an Internet access service
processing the message on behalf of a recipient, a person
alleging a violation of this section, or a law enforcement agency
to identify, locate, or respond to a person who initiated the
electronic mail message or to investigate the alleged violation,
or the ability of a recipient of the message to respond to a
person who initiated the electronic message.
(b) Aggravated violations relating to commercial electronic mail
(1) Address harvesting and dictionary attacks
(A) In general
It is unlawful for any person to initiate the transmission,
to a protected computer, of a commercial electronic mail
message that is unlawful under subsection (a), or to assist in
the origination of such message through the provision or
selection of addresses to which the message will be
transmitted, if such person had actual knowledge, or knowledge
fairly implied on the basis of objective circumstances, that -
(i) the electronic mail address of the recipient was
obtained using an automated means from an Internet website or
proprietary online service operated by another person, and
such website or online service included, at the time the
address was obtained, a notice stating that the operator of
such website or online service will not give, sell, or
otherwise transfer addresses maintained by such website or
online service to any other party for the purposes of
initiating, or enabling others to initiate, electronic mail
messages; or
(ii) the electronic mail address of the recipient was
obtained using an automated means that generates possible
electronic mail addresses by combining names, letters, or
numbers into numerous permutations.
(B) Disclaimer
Nothing in this paragraph creates an ownership or proprietary
interest in such electronic mail addresses.
(2) Automated creation of multiple electronic mail accounts
It is unlawful for any person to use scripts or other automated
means to register for multiple electronic mail accounts or online
user accounts from which to transmit to a protected computer, or
enable another person to transmit to a protected computer, a
commercial electronic mail message that is unlawful under
subsection (a).
(3) Relay or retransmission through unauthorized access
It is unlawful for any person knowingly to relay or retransmit
a commercial electronic mail message that is unlawful under
subsection (a) from a protected computer or computer network that
such person has accessed without authorization.
(c) Supplementary rulemaking authority
The Commission shall by regulation, pursuant to section 7711 of
this title -
(1) modify the 10-business-day period under subsection
(a)(4)(A) or subsection (a)(4)(B), or both, if the Commission
determines that a different period would be more reasonable after
taking into account -
(A) the purposes of subsection (a);
(B) the interests of recipients of commercial electronic
mail; and
(C) the burdens imposed on senders of lawful commercial
electronic mail; and
(2) specify additional activities or practices to which
subsection (b) applies if the Commission determines that those
activities or practices are contributing substantially to the
proliferation of commercial electronic mail messages that are
unlawful under subsection (a).
(d) Requirement to place warning labels on commercial electronic
mail containing sexually oriented material
(1) In general
No person may initiate in or affecting interstate commerce the
transmission, to a protected computer, of any commercial
electronic mail message that includes sexually oriented material
and -
(A) fail to include in subject heading for the electronic
mail message the marks or notices prescribed by the Commission
under this subsection; or
(B) fail to provide that the matter in the message that is
initially viewable to the recipient, when the message is opened
by any recipient and absent any further actions by the
recipient, includes only -
(i) to the extent required or authorized pursuant to
paragraph (2), any such marks or notices;
(ii) the information required to be included in the message
pursuant to subsection (a)(5); and
(iii) instructions on how to access, or a mechanism to
access, the sexually oriented material.
(2) Prior affirmative consent
Paragraph (1) does not apply to the transmission of an
electronic mail message if the recipient has given prior
affirmative consent to receipt of the message.
(3) Prescription of marks and notices
Not later than 120 days after December 16, 2003, the Commission
in consultation with the Attorney General shall prescribe clearly
identifiable marks or notices to be included in or associated
with commercial electronic mail that contains sexually oriented
material, in order to inform the recipient of that fact and to
facilitate filtering of such electronic mail. The Commission
shall publish in the Federal Register and provide notice to the
public of the marks or notices prescribed under this paragraph.
(4) Definition
In this subsection, the term "sexually oriented material" means
any material that depicts sexually explicit conduct (as that term
is defined in section 2256 of title 18), unless the depiction
constitutes a small and insignificant part of the whole, the
remainder of which is not primarily devoted to sexual matters.
(5) Penalty
Whoever knowingly violates paragraph (1) shall be fined under
title 18, or imprisoned not more than 5 years, or both.