S 877 · 108th Congress 2003–2005, ended

CAN-SPAM Act of 2003

Latest action · Dec 16, 2003 Became Public Law No: 108-187.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedApr 10, 2003
  2. Passed SenateOct 22, 2003
  3. Passed HouseNov 22, 2003
  4. To the PresidentDec 11, 2003
  5. Became lawDec 16, 2003Public Law 108-187

Summary

Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 or the CAN-SPAM Act of 2003 - (Sec. 2) Sets forth the determination of Congress that: (1) there is a substantial government interest in regulation of commercial electronic mail (spam); (2) senders of spam should not mislead recipients as to the source or content of such mail; and (3) recipients of spam have a right to decline to receive additional spam from the same source.

(Sec. 3) Requires the Federal Trade Commission (FTC) to issue regulations defining the relevant criteria to facilitate the determination of the primary purpose of an electronic mail message.

(Sec. 4) Amends the Federal criminal code to subject to a fine, imprisonment, or both any person who: (1) accesses a protected computer without authorization and intentionally initiates the transmission of multiple commercial electronic mail messages from or through such computer; (2) uses a protected computer to relay or retransmit multiple messages, with the intent to deceive or mislead recipients or any Internet access service as to the origin of such messages; (3) materially falsifies header information in multiple messages and intentionally initiates the transmission thereof; (4) registers, with materially false identifying information, for five or more electronic mail accounts or online user accounts or two or more domain names and intentionally initiates the transmission of multiple messages from such accounts or domain names; or (5) falsely represents oneself to be the registrant or legitimate successor in interest to the registrant of five or more Internet protocol addresses and intentionally initiates the transmission of multiple messages from such addresses. Allows for: (1) higher penalties in the case of offenses committed in furtherance of any felony or if the defendant has previously been convicted for conduct involving the transmission of multiple messages or unauthorized access to a computer system; and (2) the forfeiture of property obtained from such an offense and equipment, software, or other technology used to commit such an offense. Directs the U.S. Sentencing Commission to review and amend sentencing guidelines to provide appropriate penalties for such violations.

Expresses the sense of Congress that: (1) spam has become the method of choice for those who distribute pornography, perpetrate fraudulent schemes, and introduce viruses, worms, and Trojan horses into personal and business computer systems; and (2) the Department of Justice should use all existing law enforcement tools to investigate and prosecute those who send bulk commercial e-mail to facilitate the commission of Federal crimes.

(Sec. 5) Sets forth protections against spam that include: (1) a prohibition against false or misleading transmission information; (2) a prohibition against deceptive subject headings; (3) mandatory inclusion of a return address or a comparable mechanism in commercial electronic mail; (4) a prohibition against transmission of spam after objection (including a prohibition against transferring or releasing an email address after an objection); (5) mandatory inclusion in spam of information identifying the message as an advertisement or solicitation, notice of the opportunity to decline to receive further unsolicited messages from the sender, and the sender's physical address; (6) a prohibition against initiating transmission of spam to a protected computer, or assisting in the origination of such message through the provision of addresses, if the person had actual knowledge, or knowledge fairly implied on the basis of objective circumstances, that the recipient's address was obtained from an Internet website or proprietary online service that included a notice that the operator will not provide addresses for initiating unsolicited messages; (7) a prohibition against using automated means to register for multiple email accounts for the transmission of spam; and (8) a prohibition against relaying or retransmitting an unsolicited message that is unlawful under this section.

Requires a person, when initiating commercial electronic mail containing sexually oriented material, to provide labels warning of such content, unless the recipient has giver prior affirmative consent to receipt of such mail. Provides criminal penalties for violations.

(Sec. 6) Prohibits: (1) promoting a business by the use of email containing false or misleading transmission information; and (2) enforcement against third parties, with exceptions.

(Sec. 7) Confers enforcement powers for violations of this Act upon the FTC, designated Federal agencies, and States. Allows for the award of aggravated damages in certain cases. Permits a provider of Internet access service adversely affected by a violation of this Act to bring a civil action.

(Sec. 9) Directs the FTC to submit to: (1) specified congressional committees a plan and timetable for establishing a nationwide marketing Do-Not-E-mail registry; and (2) Congress a report of the effectiveness and enforcement of provisions of this Act.

(Sec. 11) Directs the FTC to submit to specified congressional committees reports that set forth: (1) a system for rewarding those who supply information about violations of this Act; and (2) a plan for requiring spam to be identifiable from its subject line.

(Sec. 12) Amends the Communications Act of 1934 to make certain restrictions on the use of automated telephone equipment applicable to persons outside the United States (currently, only to persons within the United States) if the call recipient is within the United States.

(Sec. 14) Requires the Federal Communications Commission (FCC) to promulgate rules to protect consumers from unwanted mobile service commercial messages, including rules to: (1) provide subscribers with the ability to avoid receiving such messages unless they have provided express prior authorization; and (2) allow recipients to indicate electronically their desire not to receive such messages in the future.

Recorded votes 2

Newest first. Open one to see how every member voted.

Roll callQuestionResultDate
House 671Passed392–5Nov 22, 2003
Senate 404Bill Passed97–0Oct 22, 2003

Cosponsors 22

Members who signed on, in the order they did. Signatures ran from Apr 10, 2003 to Oct 22, 2003; 6 are original cosponsors, there from the day it was introduced.

SeatCosponsorSigned on
D-NYCharles E. SchumerOriginalApr 10, 2003
R-WYCraig ThomasOriginalApr 10, 2003
D-LAJohn B. BreauxOriginalApr 10, 2003
D-LAMary L. LandrieuOriginalApr 10, 2003
D-ORRon WydenOriginalApr 10, 2003
R-AKTed StevensOriginalApr 10, 2003
R-MOJim TalentApr 28, 2003
R-NHJudd GreggMay 1, 2003
D-SDTim JohnsonMay 1, 2003
D-DEThomas R. CarperMay 6, 2003
I-CTJoseph I. LiebermanMay 8, 2003
D-FLBill NelsonMay 20, 2003
R-MEOlympia J. SnoweJun 5, 2003
D-CTChristopher J. DoddJun 10, 2003
R-GASaxby ChamblissJun 10, 2003

Committees 2

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
SenateCommerce, Science, and Transportation Committee
Referred Apr 10, 2003Markup Jun 19, 2003Reported Jul 16, 2003
HouseJudiciary Committee
Exchange of letters Dec 15, 2003

Actions 28

Everything that happened, newest first.

  1. Dec 16, 2003Signed by President.
  2. Dec 16, 2003Became Public Law No: 108-187.
  3. Dec 11, 2003Presented to President.
  4. Dec 8, 2003Message on Senate action sent to the House.
  5. Dec 8, 2003Mr. Tauzin asked unanimous consent that the House agree to the Senate amendment to the House amendment. (consideration: CR H12854-12861)
  6. Dec 8, 2003Resolving differences -- House actions: On motion that the House agree to the Senate amendment to the House amendment Agreed to without objection. (text as House agreed to Senate amendment to House amendment: CR H12854-12859)
  7. Dec 8, 2003Motion to reconsider laid on the table Agreed to without objection.
  8. Nov 25, 2003Resolving differences -- Senate actions: Senate concurred in the House amendment with an amendment by Unanimous Consent. (consideration: CR S15938-15948)
  9. Nov 22, 2003Considered as unfinished business. (consideration: CR 11/21/2003 H12297-12298)
  10. Nov 22, 2003Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 392 - 5 (Roll no. 671). (text: CR 11/21/2003 H12186-12191)
  11. Nov 22, 2003Motion to reconsider laid on the table Agreed to without objection.
  12. Nov 22, 2003Message on House action received in Senate and at desk: House amendment to Senate bill.
  13. Nov 21, 2003Mr. Tauzin moved to suspend the rules and pass the bill, as amended.
  14. Nov 21, 2003Considered under suspension of the rules. (consideration: CR H12186-12198)
  15. Nov 21, 2003DEBATE - The House proceeded with forty minutes of debate on S. 877.
  16. Nov 21, 2003At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
  17. Oct 24, 2003Message on Senate action sent to the House.
  18. Oct 24, 2003Received in the House.
  19. Oct 24, 2003Held at the desk.
  20. Oct 22, 2003Measure laid before Senate by unanimous consent. (consideration: CR S13012-13045; text of measure as reported in Senate: CR S13012-13019)
  21. Oct 22, 2003The committee substitute agreed to by Unanimous Consent.
  22. Oct 22, 2003Passed/agreed to in Senate: Passed Senate with an amendment by Yea-Nay Vote. 97 - 0. Record Vote Number: 404. (text: CR 10/23/2003 S13176-13182)
  23. Jul 16, 2003Committee on Commerce, Science, and Transportation. Reported by Senator McCain with an amendment in the nature of a substitute. With written report No. 108-102.
  24. Jul 16, 2003Placed on Senate Legislative Calendar under General Orders. Calendar No. 209.
  25. Jun 19, 2003Committee on Commerce, Science, and Transportation. Ordered to be reported with an amendment in the nature of a substitute favorably.
  26. Apr 10, 2003Introduced in Senate
  27. Apr 10, 2003Sponsor introductory remarks on measure. (CR S5204)
  28. Apr 10, 2003Read twice and referred to the Committee on Commerce, Science, and Transportation. (text of measure as introduced: CR S5204-5207)

In the Congressional Record 10

Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.

WhereIn the RecordMembersDate
ExtensionsDebate and remarks E72, E73John D. Dingell D-MI, W. J. (Billy) Tauzin D-LAJan 28, 2004
ExtensionsDebate and remarks E5Richard Burr R-NCJan 20, 2004
ExtensionsDebate and remarks E2555John Conyers, Jr. D-MIDec 15, 2003
HouseDebate and remarks H12854–H12861Text printed H12854–H12859Amendments H12854Edward J. Markey D-MA, F. James Sensenbrenner, Jr. R-WI, W. J. (Billy) Tauzin D-LADec 8, 2003
SenateDebate and remarks S15938–S15948Text printed S15938–S15943Amendments S16036Charles E. Schumer D-NY, Conrad R. Burns R-MT (amendment), Ernest F. Hollings D-SC (amendment), John McCain R-AZ (amendment), Patrick J. Leahy D-VT, Ron Wyden D-OR (amendment), Susan M. Collins R-MENov 25, 2003

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Committee report

Congressional Budget Office cost estimates 2

  1. Jul 14, 2003S. 877, Controlling the Assault of Non-Solicited Pornography<p>Cost estimate for the bill as ordered reported by the Senate Committee on Commerce, Science, and Transportation on June 19, 2003</p>
  2. Jul 14, 2003S. 877, Controlling the Assault of Non-Solicited PornographyCost estimate for the bill as ordered reported by the Senate Committee on Commerce, Science, and Transportation on June 19, 2003

Printed hearings 4

Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.

NumberHearingCommitteeHeld
Serial No. 108-35LEGISLATIVE EFFORTS TO COMBAT SPAM94 pagesEnergy and Commerce CommitteeJul 9, 2003
S. Hrg. 108-951REAUTHORIZATION OF THE FEDERAL TRADE COMMISSION (FTC)91 pagesCommerce, Science, and Transportation CommitteeJun 11, 2003
Serial No. 108-30REAUTHORIZATION OF THE FEDERAL TRADE COMMISSION: POSITIONING THE COMMISSION FOR THE TWENTY-FIRST CENTURY72 pagesEnergy and Commerce CommitteeJun 11, 2003
S. Hrg. 108-968SPAM (UNSOLICITED COMMERCIAL E-MAIL)109 pagesCommerce, Science, and Transportation CommitteeMay 21, 2003

CRS reports 5

Congressional Research Service work that CRS links to this bill or the law it became, newest first.

Cite it 5

Products on other subjects that cite it, usually among other measures.

Amendments 8

Amendments offered to this bill.

AmendmentDescriptionOffered byStatus
HAmdt 454No description on fileW. J. (Billy) Tauzin D-LAHouse amendment offered
SA 1891To clarify the provision prohibiting false or misleading transmission information, and for other purposes.Ron Wyden D-ORAmendment SA 1891 as modified agreed to in Senate by Voice Vote. (text as modified: CR S13026)
SA 1892To authorize the Commission to implement a nationwide "Do Not E-mail" registry.Charles E. Schumer D-NYAmendment SA 1892 agreed to in Senate by Voice Vote.
SA 1893To revise the criminal penalty provisions of the bill as reported, and for other purposes.Orrin G. Hatch R-UTAmendment SA 1893 agreed to in Senate by Voice Vote.
SA 1894To require warning labels on sexually explicit commercial e-mail.Michael B. Enzi R-WYAmendment SA 1894 agreed to in Senate by Voice Vote.

Titles 11

Every title it has carried, official and short, at each stage.

Official Title as Introduced
A bill to regulate interstate commerce by imposing limitations and penalties on the transmission of unsolicited commercial electronic mail via the Internet.
Short Titles as Introduced
CAN-SPAM Act of 2003
Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003
Short Titles as Reported to Senate
CAN-SPAM Act of 2003
Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003
Short Titles as Enacted
CAN-SPAM Act of 2003
Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003
Short Titles as Passed Senate for portions of this bill
Training for Realtime Writers Act of 2003
Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003
CAN-SPAM Act of 2003
Popular Titles
Reduction of SPAM bill

Subjects

Assigned by the Library of Congress. Policy area: Science, Technology, Communications.

Text 6

Each version as it was printed, newest first.

  1. —Enrolled Bill
  2. Nov 25, 2003Engrossed Amendment Senate
  3. Nov 21, 2003Engrossed Amendment House
  4. Oct 22, 2003Engrossed in Senate
  5. Jul 16, 2003Reported to Senate
  6. Apr 10, 2003Introduced in Senate

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.