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SEC. 8. EFFECT ON OTHER LAWS.
(a) FEDERAL LAW- (1) Nothing in this
Act shall be construed to impair the enforcement of section
223 or 231 of the Communications Act of 1934 (47 U.S.C. 223
or 231, respectively), chapter 71 (relating to obscenity)
or 110 (relating to sexual exploitation of children) of title
18, United States Code, or any other Federal criminal statute.
(2) Nothing in this Act 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.
(1) IN GENERAL- This Act 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 Act 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 Act 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.
SEC. 9. DO-NOT-E-MAIL REGISTRY.
(a) IN GENERAL- Not later than 6 months
after the date of enactment of this Act, the Commission shall
transmit to the Senate Committee on Commerce, Science, and
Transportation and the House of Representatives Committee
on Energy and Commerce a report that--
(1) sets forth a plan and timetable
for establishing a nationwide marketing Do-Not-E-Mail registry;
(2) includes an explanation of any
practical, technical, security, privacy, enforceability,
or other concerns that the Commission has regarding such
a registry; and
(3) includes an explanation of how
the registry would be applied with respect to children with
e-mail accounts.
(b) AUTHORIZATION TO IMPLEMENT- The
Commission may establish and implement the plan, but not earlier
than 9 months after the date of enactment of this Act.
SEC. 10. STUDY OF EFFECTS OF COMMERCIAL
ELECTRONIC MAIL.
(a) IN GENERAL- Not later than 24
months after the date of the enactment of this Act, the Commission,
in consultation with the Department of Justice and other appropriate
agencies, shall submit a report to the Congress that provides
a detailed analysis of the effectiveness and enforcement of
the provisions of this Act and the need (if any) for the Congress
to modify such provisions.
(b) REQUIRED ANALYSIS- The Commission
shall include in the report required by subsection (a)--
(1) an analysis of the extent to
which technological and marketplace developments, including
changes in the nature of the devices through which consumers
access their electronic mail messages, may affect the practicality
and effectiveness of the provisions of this Act;
(2) analysis and recommendations
concerning how to address commercial electronic mail that
originates in or is transmitted through or to facilities
or computers in other nations, including initiatives or
policy positions that the Federal Government could pursue
through international negotiations, fora, organizations,
or institutions; and
(3) analysis and recommendations
concerning options for protecting consumers, including children,
from the receipt and viewing of commercial electronic mail
that is obscene or pornographic.
SEC. 11. IMPROVING ENFORCEMENT BY
PROVIDING REWARDS FOR INFORMATION ABOUT VIOLATIONS; LABELING.
The Commission shall transmit to the
Senate Committee on Commerce, Science, and Transportation
and the House of Representatives Committee on Energy and Commerce--
(1) a report, within 9 months after
the date of enactment of this Act, that sets forth a system
for rewarding those who supply information about violations
of this Act, including--
(A) procedures for the Commission
to grant a reward of not less than 20 percent of the total
civil penalty collected for a violation of this Act to
the first person that--
(i) identifies the person in
violation of this Act; and
(ii) supplies information that
leads to the successful collection of a civil penalty
by the Commission; and
(B) procedures to minimize the
burden of submitting a complaint to the Commission concerning
violations of this Act, including procedures to allow
the electronic submission of complaints to the Commission;
and
(2) a report, within 18 months after
the date of enactment of this Act, that sets forth a plan
for requiring commercial electronic mail to be identifiable
from its subject line, by means of compliance with Internet
Engineering Task Force Standards, the use of the characters
`ADV' in the subject line, or other comparable identifier,
or an explanation of any concerns the Commission has that
cause the Commission to recommend against the plan.
SEC. 12. RESTRICTIONS ON OTHER TRANSMISSIONS.
Section 227(b)(1) of the Communications
Act of 1934 (47 U.S.C. 227(b)(1)) is amended, in the matter
preceding subparagraph (A), by inserting `, or any person
outside the United States if the recipient is within the United
States' after `United States'.
SEC. 13. REGULATIONS.
(a) IN GENERAL- The Commission may
issue regulations to implement the provisions of this Act
(not including the amendments made by sections 4 and 12).
Any such regulations shall be issued in accordance with section
553 of title 5, United States Code.
(b) LIMITATION- Subsection (a) may
not be construed to authorize the Commission to establish
a requirement pursuant to section 5(a)(5)(A) to include any
specific words, characters, marks, or labels in a commercial
electronic mail message, or to include the identification
required by section 5(a)(5)(A) in any particular part of such
a mail message (such as the subject line or body).
SEC. 14. APPLICATION TO WIRELESS.
(a) EFFECT ON OTHER LAW- Nothing in
this Act shall be interpreted to preclude or override the
applicability of section 227 of the Communications Act of
1934 (47 U.S.C. 227) or the rules prescribed under section
3 of the Telemarketing and Consumer Fraud and Abuse Prevention
Act (15 U.S.C. 6102).
(b) FCC RULEMAKING- The Federal Communications
Commission, in consultation with the Federal Trade Commission,
shall promulgate rules within 270 days to protect consumers
from unwanted mobile service commercial messages. The Federal
Communications Commission, in promulgating the rules, shall,
to the extent consistent with subsection (c)--
(1) provide subscribers to commercial
mobile services the ability to avoid receiving mobile service
commercial messages unless the subscriber has provided express
prior authorization to the sender, except as provided in
paragraph (3);
(2) allow recipients of mobile service
commercial messages to indicate electronically a desire
not to receive future mobile service commercial messages
from the sender;
(3) take into consideration, in
determining whether to subject providers of commercial mobile
services to paragraph (1), the relationship that exists
between providers of such services and their subscribers,
but if the Commission determines that such providers should
not be subject to paragraph (1), the rules shall require
such providers, in addition to complying with the other
provisions of this Act, to allow subscribers to indicate
a desire not to receive future mobile service commercial
messages from the provider--
(A) at the time of subscribing
to such service; and
(B) in any billing mechanism;
and
(4) determine how a sender of mobile
service commercial messages may comply with the provisions
of this Act, considering the unique technical aspects, including
the functional and character limitations, of devices that
receive such messages.
(c) OTHER FACTORS CONSIDERED- The
Federal Communications Commission shall consider the ability
of a sender of a commercial electronic mail message to reasonably
determine that the message is a mobile service commercial
message.
(d) MOBILE SERVICE COMMERCIAL MESSAGE
DEFINED- In this section, the term `mobile service commercial
message' means a commercial electronic mail message that is
transmitted directly to a wireless device that is utilized
by a subscriber of commercial mobile service (as such term
is defined in section 332(d) of the Communications Act of
1934 (47 U.S.C. 332(d))) in connection with such service.
SEC. 15. SEPARABILITY.
If any provision of this Act or the
application thereof to any person or circumstance is held
invalid, the remainder of this Act and the application of
such provision to other persons or circumstances shall not
be affected.
SEC. 16. EFFECTIVE DATE.
The provisions of this Act, other
than section 9, shall take effect on January 1, 2004.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
END
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