15 U.S.C. § 7707 : US Code - Section 7707: Effect on other laws

Search 15 U.S.C. § 7707 : US Code - Section 7707: Effect on other laws

(a) Federal law
(1) Nothing in this chapter shall be construed to impair the
enforcement of section 223 or 231 of title 47, chapter 71 (relating
to obscenity) or 110 (relating to sexual exploitation of children)
of title 18, or any other Federal criminal statute.
(2) Nothing in this chapter shall be construed to affect in any
way the Commission's authority to bring enforcement actions under
FTC Act for materially false or deceptive representations or unfair
practices in commercial electronic mail messages.
(b) State law
(1) In general
This chapter supersedes any statute, regulation, or rule of a
State or political subdivision of a State that expressly
regulates the use of electronic mail to send commercial messages,
except to the extent that any such statute, regulation, or rule
prohibits falsity or deception in any portion of a commercial
electronic mail message or information attached thereto.
(2) State law not specific to electronic mail
This chapter shall not be construed to preempt the
applicability of -
(A) State laws that are not specific to electronic mail,
including State trespass, contract, or tort law; or
(B) other State laws to the extent that those laws relate to
acts of fraud or computer crime.
(c) No effect on policies of providers of Internet access service
Nothing in this chapter shall be construed to have any effect on
the lawfulness or unlawfulness, under any other provision of law,
of the adoption, implementation, or enforcement by a provider of
Internet access service of a policy of declining to transmit,
route, relay, handle, or store certain types of electronic mail
messages.
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