text: SECTION. 1. SHORT TITLE
  
      This Act may be cited as the ``E-Mail User Protection Act''.
  
  SEC. 2. LIMITATIONS ON THE USE OF UNSOLICITED BULK E-MAIL.
  
      (a) Prohibition.--It shall be unlawful for any person, using any 
  means or instrumentality of, or affecting, interstate or foreign 
  commerce--
              (1) to initiate the transmission of a unsolicited bulk 
          electronic mail message that contains a false, fictitious, or 
          misappropriated name of the sender, electronic mail return 
          address, or name and phone number of a telephone contact 
          person;
              (2) to initiate the transmission of a unsolicited bulk 
          electronic mail message to an interactive computer service with 
          knowledge that such message falsifies an Internet domain, 
          header information, date or time stamp, originating e-mail 
          address or other identifier;
              (3) to initiate the transmission of an unsolicited bulk 
          electronic mail message and to fail to comply with the request 
          of the recipient of the message, delivered to the sender's 
          electronic mail address, that the recipient does not wish to 
          receive such messages;
              (4) to use, create, sell, or distribute any computer 
          software that is primarily designed to create, on an electronic 
          mail message, false Internet domain, header information, date 
          or time stamp, originating e-mail address or other identifier.
      (b) Violations.--
              (1) Civil fines.--Whoever knowingly violates subsection (a) 
          shall be fined not more than the greater of (1) $50 for each 
          message delivered in violation of such subsection, or (2) 
          $10,000 for each day the violation continues.
              (2) Criminal sanctions.--Whoever--
                      (A) intentionally violates subsection (a)(1) by 
                  misappropriating the name or electronic mail return 
                  address of another person; or
                      (B) intentionally violates subsection (a)(3) by 
                  initiating the transmission of unsolicited electronic 
                  mail to an individual who has specifically communicated 
                  to the violator that individual's desire not to receive 
                  such mail;
          shall be fined under title 18, United States Code, or 
          imprisoned not more than one year, or both.
  
  SEC. 3. ENFORCEMENT
  
      The Federal Trade Commission shall have the power to enforce a 
  violation of section 2 as an unfair or deceptive act or practice 
  prescribed under section 18(a)(1)(B) of the Federal Trade Commission 
  Act (15 U.S.C. 57(a)(1)(B)).
  
  SEC. 4. RIGHT OF ACTION AND RECOVERY OF CIVIL DAMAGES.
  
      (a) Right of Action.--
              (1) Actions by interactive computer services.--Any 
          interactive computer service that has been adversely affected 
          by a violation of section 2(a)(2) may recover in a civil action 
          from the person or entity that engaged in such violation such 
          relief as may be appropriate.
              (2) Actions by recipients.--Any person or entity that has 
          received an unsolicited bulk email and been adversely affected 
          by a violation of section 2 may recover in a civil action from 
          the person or entity that engaged in such violation such relief 
          as may be appropriate.
      (b) Relief.--
              (1) Actions by interactive computer services.--In an action 
          under subsection (a)(1), appropriate relief includes--
                      (A) such preliminary and other equitable or 
                  declaratory relief as may be appropriate, including an 
                  injunction against future violations;
                      (B) actual monetary loss from a violation, 
                  statutory damages of not more than the greater of --
                              (i) $50 for each message delivered in 
                          violation of section 2(a)(2); or
                              (ii) $10,000 for each day during which the 
                          violation continues; and
                      (C) a reasonable attorney's fee and other 
                  litigation costs reasonably incurred.
              (2) Actions by recipients.--In an action under subsection 
          (a)(2), appropriate relief includes--
                      (A) such preliminary and other equitable or 
                  declaratory relief as may be appropriate, including an 
                  injunction against future violations;
                      (B) actual monetary loss from a violation, 
                  statutory damages of $50 for each message delivered in 
                  violation of section 2(a)(2); and
                      (C) a reasonable attorney's fee and other 
                  litigation costs reasonably incurred.
  
  SEC. 5. DEFINITIONS.
  
      For purposes of this Act:
              (1) Unsolicited bulk electronic mail message.--The term 
          ``unsolicited bulk electronic mail message'' means any 
          electronic mail message initiated by any person for commercial 
          purposes, except for--
                      (A) electronic mail sent to others with whom such 
                  person has a prior relationship, including a prior 
                  business relationship; or
                      (B) electronic mail sent to a recipient if such 
                  recipient, or someone authorized by them, has at any 
                  time affirmatively requested to receive communications 
                  from that source.
              (2) Electronic mail address.--The term ``electronic mail 
          address'' means a destination on the Internet (commonly 
          expressed as a string of characters) to which electronic mail 
          can be sent or delivered.
              (3) Interactive computer service.--The term ``interactive 
          computer service'' has the meaning given that term in section 
          230(e)(2) of the Communications Act of 1934 (47 U.S.C. 
          230(e)(2)).
              (4) Internet domain.--The term ``Internet domain'' means a 
          specific computer system (commonly referred to as a ``host'') 
          or collection of computer systems that the Internet can 
          reference, that are assigned a specific reference point on the 
          Internet (commonly referred to as an ``Internet domain name''), 
          and that are registered with an organization that the Internet 
          industry recognizes as a registrar of Internet domains.
              (5) Initiates the transmission.--The term ``initiates the 
          transmission,'' in the case of an electronic mail message, 
          means 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.
  
  SEC. 6. EFFECTIVE DATE.
  
      The provisions of this Act shall take effect 45 days after the date 
  of enactment of this Act.
target: E-Mail User Protection Act - Amends the Communications Act of 1934 to make it unlawful for any person to: (1) initiate the transmission of an unsolicited bulk electronic mail message that contains a false or misappropriated name of the sender, return address, or name and phone number of a telephone contact person; (2) initiate such a message to an interactive computer service with the knowledge that such message falsifies identifying information; (3) initiate such a message and fail to comply with the recipient's request to not receive such messages; or (4) use, create, sell, or distribute any computer software that is primarily designed to create false identifier information. 
  Provides civil fines and criminal sanctions for such violations.  Authorizes enforcement through the Federal Trade Commission as an unfair or deceptive act or practice. 
  Provides appropriate relief for both interactive computer services and recipients.
feat_title: E-Mail User Protection Act