text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Internet Freedom Act''.
  
                 TITLE I--ANTITRUST AND CRIMINAL PROVISIONS
  
  SEC. 101. PROHIBITION ON ANTICOMPETITIVE BEHAVIOR BY INCUMBENT LOCAL 
                EXCHANGE CARRIERS.
  
      In any civil action based on a claim arising under section 1, 2, or 
  3 of the Sherman Act (15 U.S.C. 1, 2, 3), evidence that an incumbent 
  local exchange carrier that has market power in the broadband service 
  provider market has willfully and knowingly failed to provide 
  conditioned unbundled local loops when economically reasonable and 
  technically feasible under section 715(a) of the Communications Act of 
  1934, or restrains unreasonably the ability of a carrier to compete in 
  its provision of broadband services over a local loop, shall be 
  sufficient to establish a presumption of a violation of such section 1, 
  2, or 3 of the Sherman Act.
  
  SEC. 102. PROHIBITION ON ANTICOMPETITIVE CONTRACTS BY BROADBAND ACCESS 
                TRANSPORT PROVIDERS.
  
      In any civil action based on a claim arising under section 1, 2, or 
  3 of the Sherman Act (15 U.S.C. 1, 2, 3), evidence that a broadband 
  access transport provider that has market power in the broadband 
  service provider market has offered access to a service provider on 
  terms and conditions, other than terms justified by demonstrable cost 
  differentials, that are less favorable than those offered by such 
  operator to itself, to an affiliated service provider, or to another 
  service provider, or restrains unreasonably the ability of a service 
  provider from competing in its provision of broadband services, shall 
  be sufficient to establish a presumption of a violation of such 
  section.
  
  SEC. 103. PROHIBITION ON ANTICOMPETITIVE OR DISCRIMINATORY BEHAVIOR BY 
                BROADBAND ACCESS TRANSPORT PROVIDERS.
  
      It shall be unlawful for a broadband access transport provider to 
  engage in unfair methods of competition or unfair or deceptive acts or 
  practices, the purpose or effect of which is to discriminate in favor 
  of a service provider that is affiliated with a broadband access 
  transport provider or to restrain unreasonably the ability of a service 
  provider that is not affiliated with a broadband access transport 
  provider from competing in its provision of any of the services 
  provided by a service provider as set forth in section 105(3).
  
  SEC. 104. PROTECTION FROM FRAUDULENT UNSOLICITED E-MAIL.
  
      Section 1030 of title 18, United States Code, is amended--
              (1) in subsection (a)(5)--
                      (A) by striking ``or'' at the end of subparagraph 
                  (B); and
                      (B) by inserting after subparagraph (C) the 
                  following new subparagraphs:
              ``(D) intentionally and without authorization initiates the 
          transmission of a bulk unsolicited electronic mail message to a 
          protected computer with knowledge that such message falsifies 
          an Internet domain, header information, date or time stamp, 
          originating e-mail address or other identifier; or
              ``(E) intentionally sells or distributes any computer 
          program that--
                      ``(i) is designed or produced primarily for the 
                  purpose of concealing the source or routing information 
                  of bulk unsolicited electronic mail messages in a 
                  manner prohibited by subparagraph (D) of this 
                  paragraph;
                      ``(ii) has only limited commercially significant 
                  purpose or use other than to conceal such source or 
                  routing information; or
                      ``(iii) is marketed by the violator or another 
                  person acting in concert with the violator and with the 
                  violator's knowledge for use in concealing the source 
                  or routing information of such messages;
              (2) in subsection (c)(2)(A)--
                      (A) by inserting ``(i)'' after ``in the case of an 
                  offense''; and
                      (B) by inserting after ``an offense punishable 
                  under this subparagraph;'' the following: ``; or (ii) 
                  under subsection (a)(5)(D) or (a)(5)(E) of this section 
                  which results in damage to a protected computer'';
              (3) in subsection (c)(2), by adding at the end the 
          following new subparagraph:
              ``(D) in the case of a violation of subsection (a)(5)(D) or 
          (E), actual monetary loss and statutory damages of $15,000 per 
          violation or an amount of up to $10 per message per violation 
          whichever is greater; and'';
              (4) in subsection (e)--
                      (A) by striking ``and'' at the end of paragraph 
                  (8);
                      (B) by striking the period at the end of paragraph 
                  (9); and
                      (C) by adding at the end the following new 
                  paragraphs:
              ``(10) the term `initiates the transmission' means, in the 
          case of an electronic mail message, to originate the electronic 
          mail message, and excludes the actions of any interactive 
          computer service whose facilities or services are used by 
          another person to transmit, relay, or otherwise handle such 
          message;
              ``(11) the term `Internet domain' means a specific computer 
          system (commonly referred to as a `host') or collection of 
          computer systems attached to or able to be referenced from the 
          Internet which are assigned a specific reference point on the 
          Internet (commonly referred to as an `Internet domain name') 
          and registered with an organization recognized by the Internet 
          industry as a registrant of Internet domains;
              ``(12) the term `unsolicited electronic mail message' means 
          any substantially identical electronic mail message other than 
          electronic mail initiated by any person to others with whom 
          such person has a prior relationship, including prior business 
          relationship, or electronic mail sent by a source to recipients 
          where such recipients, or their designees, have at any time 
          affirmatively requested to receive communications from that 
          source; and
              ``(13) the term `Internet' means all computer and 
          telecommunications facilities, including equipment and 
          operating software, which comprise the interconnected network 
          of networks that employ the Transmission Control Protocol/
          Internet Protocol, or any predecessor or successor protocols to 
          such protocol, to communicate information of all kinds by wire 
          or radio.''.
              (5) in subsection (g), by inserting ``and reasonable 
          attorneys' fees and other litigation costs reasonably incurred 
          in connection with civil action'' after ``injunctive relief or 
          other equitable relief''.
  
  SEC. 105. DEFINITIONS.
  
      For purposes of this title:
              (1) Broadband.--The term ``broadband'' refers to a 
          transmission capability in excess of 200 kilobits per second in 
          at least one direction.
              (2) Broadband access transport provider.--The term 
          ``broadband access transport provider'' means one who engages 
          in the broadband transmission of data between a user and his 
          service provider's point of interconnection with the broadband 
          access transport provider's facilities. Such term shall also 
          include a service provider who provides to itself, over 
          facilities owned by it or under its control, the broadband 
          transport of services between itself and its users.
              (3) Service provider.--The term ``service provider'' means 
          a person who provides a service that enables users to access 
          content, information, electronic mail, or other services. The 
          term may also include access to proprietary content, 
          information, and other services as part of a package of 
          services offered to consumers.
              (4) Internet.--The term ``Internet'' means all computer and 
          telecommunications facilities, including equipment and 
          operating software, which comprise the interconnected network 
          of networks that employ the Transmission Control Protocol/
          Internet Protocol, or any predecessor or successor protocols to 
          such protocol, to communicate information of all kinds by wire 
          or radio.
              (5) Broadband service provider market.--The term 
          ``broadband service provider market'' includes the provision of 
          broadband services over a single broadband access transport 
          provider's facilities.
  
                      TITLE II--ADDITIONAL PROVISIONS
  
  SEC. 201. ACCELERATED DEPLOYMENT OF BROADBAND SERVICES.
  
      Title VII of the Communications Act of 1934 is amended by adding at 
  the end thereof the following new section:
  
  ``SEC. 715. ACCELERATED DEPLOYMENT OF BROADBAND SERVICES.
  
      ``(a) Broadband Services Plans.--
              ``(1) Plan required.--Within 180 days after the effective 
          date of this section, each local exchange carrier shall submit 
          to the State commission in each State in which such carrier 
          does business a plan to provide broadband telecommunications 
          service in all local exchange areas in which such carrier has 
          telephone exchange service customers as soon as such broadband 
          telecommunications service is economically reasonably and 
          technically feasible. The plan shall include all terms and 
          conditions, including pricing, under which the services shall 
          be provided. The test of economic reasonability and technical 
          feasibility shall be made separately by the local exchange 
          carrier for each local exchange, and the plan shall be 
          considered certified 45 days after submission unless the State 
          commission rejects the plan within such 45 days. Upon rejection 
          of a plan, successive plans shall be submitted until approval 
          is obtained. The plan shall be implemented within 180 days of 
          the certification of the plan in each local exchange in which 
          the provision of the service is both economically reasonable 
          and technically feasible. Upon certification of its plan, the 
          carrier shall be obligated by terms of the plan (including any 
          modifications that it requests that are thereafter certified) 
          but shall otherwise provide such services free of Federal and 
          State price, rate, rate of return, and profit regulation. Upon 
          a determination by the State commission that a local exchange 
          is served by another provider of broadband telecommunications 
          services, or any broadband Internet access transport provider, 
          or upon a determination by such State commission that the local 
          exchange carrier makes broadband telecommunications services 
          available to 70 percent of the access lines in an exchange, a 
          local exchange carrier shall no longer be obligated by the 
          terms of any such plan in such local exchange.
              ``(2) State modifications prohibited.--Except upon request 
          of the carrier, the State commission shall have no authority to 
          modify any plan submitted pursuant to paragraph (1).
              ``(3) No commission authority.--The Commission shall have 
          no authority with respect to the terms of any plan and shall 
          have no authority with respect to the approval or rejection of 
          any such plan.
      ``(b) Supersession of Other Requirements.--An incumbent local 
  exchange carrier's provision of broadband local telecommunications 
  services shall not be subject to the requirements of sections 251(c)(3) 
  and 251(c)(4) of the Act in any State in which that carrier certifies 
  to the State commission that--
              ``(1) in central offices in which it provides local loops 
          that are conditioned for broadband services, it provides such 
          loops to other carriers at least as quickly as it provides them 
          for its own customers;
              ``(2) in central offices in which it does not currently 
          provide local loops that are conditioned for broadband 
          services, but in which such service is economically reasonable 
          and technically feasible, it will provide such loops within 120 
          days of a request for such conditioning from another carrier; 
          and
              ``(3) conditioned loops are provided upon such prices and 
          other terms and conditions as the parties shall agree, or in 
          any event of disagreements, as are determined through 
          commercial arbitration, in which the commercial arbitrator 
          shall establish the price based upon the cost of the loops and 
          the costs for such conditioning that have been incurred by the 
          local exchange carrier plus a reasonable profit.''.
  
   SEC. 202. ACCELERATED DEPLOYMENT OF INTERNET BACKBONE.
  
      (a) InterLATA Internet Services.--Paragraph (21) of section 3 of 
  the Communications Act of 1934 (47 U.S.C. 153(21)), relating to the 
  definition of interLATA service, is amended by inserting before the 
  period the following: ``, except that such term shall not include 
  services that consist of or include the transmission of any data or 
  information, including any writing, signs, signals, pictures, or sounds 
  related to the transmission of such data or information, by means of 
  the Internet or any other network that employs Internet Protocol-based 
  or other packet-switched technology''.
      (b) Voice InterLATA Internet Services.--Neither a Bell operating 
  company, nor any affiliate of a Bell operating company, may provide, by 
  means of the Internet or any other network that employs Internet 
  Protocol-based or other packet-switched technology, two-way voice-only 
  interLATA telecommunications services originating in any of its in-
  region States until such time as the Federal Communications Commission 
  approves the application of such company for such State pursuant to 
  section 271(d) of the Communications Act of 1934. The terms in this 
  subsection shall have the same respective meanings given such terms in 
  sections 3 and 271 of such Act.
target: TABLE OF CONTENTS: 
       Title I: Antitrust and Criminal Provisions 
       Title II: Additional Provisions 
  Internet Freedom Act - 
  Title I: Antitrust and Criminal Provisions
   - Provides that in any civil action based on antitrust violations, evidence that an incumbent local exchange carrier that has market power in the broadband service provider market area has willfully and knowingly failed to provide conditioned unbundled local loops when economically reasonable and technically feasible, or restrains the ability of another carrier to compete in the provision of such services, shall establish a presumption of an antitrust violation.  Establishes an identical presumption in the case of a broadband access transport provider that has market power in the broadband service provider market who has offered access to a service provider on terms and conditions less favorable than those otherwise offered, or restrains unreasonably the ability of another provider from competing in the provision of such services.  Defines: (1) broadband as a transmission capability in excess of 200 kilobits per second in at least one direction; and (2) a broadband access transport provider as one who engages in the broadband transmission of data between a user and his service provider's point of interconnection with the broadband access transport provider's facilities. 
  Makes it unlawful for a broadband access transport provider to engage in unfair methods of competition or unfair or deceptive acts or practices in the provision of such services. 
  Amends the Federal criminal code to provide criminal penalties against anyone who intentionally: (1) and without authorization initiates the transmission of a bulk unsolicited electronic mail message to a protected computer with knowledge that such message falsifies an Internet domain, header information, or other identifier; or (2) sells or distributes any computer program designed primarily to conceal the source or routing information on such mail, has only limited commercially significant purpose or use, or is marketed by the violator or another person acting in concert with the violator with the violator's knowledge of such use. 
  Title II: Additional Provisions
   - Amends the Communications Act of 1934 to require each local exchange carrier to submit to the State communications commission in each State in which such carrier does business a plan to provide broadband telecommunications service in all local exchange areas in which such carrier has telephone exchange service customers, as soon as such service is economically reasonable and technically feasible.  Considers such plan certified unless rejected within 45 days.  Requires plan implementation within 180 days (if reasonable and feasible).  Prohibits State or Federal Communications Commission (FCC) modification of such plans. 
  Provides that interLATA services shall not include services that consist of or include the transmission of any data or information by means of the Internet or any other network that employs Internet Protocol-based or other packet-switched technology.  Prohibits a Bell operating company or its affiliate from providing, by the Internet or similar network employing such technology, two-way voice only interLATA telecommunications services originating in any of its in-region States until the FCC approves the application of such company for such State.
feat_title: Internet Freedom Act