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.
- IntroducedApr 10, 2003
- Passed SenateOct 22, 2003
- Passed HouseNov 22, 2003
- To the PresidentDec 11, 2003
- 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 call | Question | Result | Date |
|---|---|---|---|
| House 671 | On Motion to Suspend the Rules and Pass, as Amended | Passed392–5 | Nov 22, 2003 |
| Senate 404 | On Passage of the Bill S. 877 | Bill Passed97–0 | Oct 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.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| D-NY | Charles E. Schumer | Original | Apr 10, 2003 |
| R-WY | Craig Thomas | Original | Apr 10, 2003 |
| D-LA | John B. Breaux | Original | Apr 10, 2003 |
| D-LA | Mary L. Landrieu | Original | Apr 10, 2003 |
| D-OR | Ron Wyden | Original | Apr 10, 2003 |
| R-AK | Ted Stevens | Original | Apr 10, 2003 |
| R-MO | Jim Talent | Apr 28, 2003 | |
| R-NH | Judd Gregg | May 1, 2003 | |
| D-SD | Tim Johnson | May 1, 2003 | |
| D-DE | Thomas R. Carper | May 6, 2003 | |
| I-CT | Joseph I. Lieberman | May 8, 2003 | |
| D-FL | Bill Nelson | May 20, 2003 | |
| R-ME | Olympia J. Snowe | Jun 5, 2003 | |
| D-CT | Christopher J. Dodd | Jun 10, 2003 | |
| R-GA | Saxby Chambliss | Jun 10, 2003 |
Committees 2
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| Senate | Commerce, Science, and Transportation Committee | Referred Apr 10, 2003Markup Jun 19, 2003Reported Jul 16, 2003 |
| House | Judiciary Committee | Exchange of letters Dec 15, 2003 |
Actions 28
Everything that happened, newest first.
- Dec 16, 2003Signed by President.
- Dec 16, 2003Became Public Law No: 108-187.
- Dec 11, 2003Presented to President.
- Dec 8, 2003Message on Senate action sent to the House.
- Dec 8, 2003Mr. Tauzin asked unanimous consent that the House agree to the Senate amendment to the House amendment. (consideration: CR H12854-12861)
- 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)
- Dec 8, 2003Motion to reconsider laid on the table Agreed to without objection.
- Nov 25, 2003Resolving differences -- Senate actions: Senate concurred in the House amendment with an amendment by Unanimous Consent. (consideration: CR S15938-15948)
- Nov 22, 2003Considered as unfinished business. (consideration: CR 11/21/2003 H12297-12298)
- 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)
- Nov 22, 2003Motion to reconsider laid on the table Agreed to without objection.
- Nov 22, 2003Message on House action received in Senate and at desk: House amendment to Senate bill.
- Nov 21, 2003Mr. Tauzin moved to suspend the rules and pass the bill, as amended.
- Nov 21, 2003Considered under suspension of the rules. (consideration: CR H12186-12198)
- Nov 21, 2003DEBATE - The House proceeded with forty minutes of debate on S. 877.
- 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.
- Oct 24, 2003Message on Senate action sent to the House.
- Oct 24, 2003Received in the House.
- Oct 24, 2003Held at the desk.
- Oct 22, 2003Measure laid before Senate by unanimous consent. (consideration: CR S13012-13045; text of measure as reported in Senate: CR S13012-13019)
- Oct 22, 2003The committee substitute agreed to by Unanimous Consent.
- 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)
- 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.
- Jul 16, 2003Placed on Senate Legislative Calendar under General Orders. Calendar No. 209.
- Jun 19, 2003Committee on Commerce, Science, and Transportation. Ordered to be reported with an amendment in the nature of a substitute favorably.
- Apr 10, 2003Introduced in Senate
- Apr 10, 2003Sponsor introductory remarks on measure. (CR S5204)
- 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.
| Where | In the Record | Members | Date |
|---|---|---|---|
| Extensions | Debate and remarks E72, E73 | John D. Dingell D-MI, W. J. (Billy) Tauzin D-LA | Jan 28, 2004 |
| Extensions | Debate and remarks E5 | Richard Burr R-NC | Jan 20, 2004 |
| Extensions | Debate and remarks E2555 | John Conyers, Jr. D-MI | Dec 15, 2003 |
| House | Debate and remarks H12854–H12861Text printed H12854–H12859Amendments H12854 | Edward J. Markey D-MA, F. James Sensenbrenner, Jr. R-WI, W. J. (Billy) Tauzin D-LA | Dec 8, 2003 |
| Senate | Debate and remarks S15938–S15948Text printed S15938–S15943Amendments S16036 | Charles 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-ME | Nov 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
- 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>
- 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.
| Number | Hearing | Committee | Held |
|---|---|---|---|
| Serial No. 108-35 | LEGISLATIVE EFFORTS TO COMBAT SPAM94 pages | Energy and Commerce Committee | Jul 9, 2003 |
| S. Hrg. 108-951 | REAUTHORIZATION OF THE FEDERAL TRADE COMMISSION (FTC)91 pages | Commerce, Science, and Transportation Committee | Jun 11, 2003 |
| Serial No. 108-30 | REAUTHORIZATION OF THE FEDERAL TRADE COMMISSION: POSITIONING THE COMMISSION FOR THE TWENTY-FIRST CENTURY72 pages | Energy and Commerce Committee | Jun 11, 2003 |
| S. Hrg. 108-968 | SPAM (UNSOLICITED COMMERCIAL E-MAIL)109 pages | Commerce, Science, and Transportation Committee | May 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.
| Product | Title | Kind | Published |
|---|---|---|---|
| R42114 | Federal Laws Relating to Cybersecurity: Overview of Major Issues, Current Laws, and Proposed Legislation Archived | Report | Dec 12, 2014 |
| RL34632 | Text and Multimedia Messaging: Issues for Congress Archived | Report | Jan 12, 2012 |
| RL32706 | Spyware: Background and Policy Issues for Congress Archived | Report | Jan 12, 2011 |
| RL31404 | Defense Procurement: Full Funding Policy—Background, Issues, and Options for Congress Archived | Report | Jun 15, 2007 |
| 98-67 | Internet: An Overview of Key Technology Policy Issues Affecting Its Use and Growth Archived | Report | Jan 5, 2007 |
Amendments 8
Amendments offered to this bill.
| Amendment | Description | Offered by | Status |
|---|---|---|---|
| HAmdt 454 | No description on file | W. J. (Billy) Tauzin D-LA | House amendment offered |
| SA 1891 | To clarify the provision prohibiting false or misleading transmission information, and for other purposes. | Ron Wyden D-OR | Amendment SA 1891 as modified agreed to in Senate by Voice Vote. (text as modified: CR S13026) |
| SA 1892 | To authorize the Commission to implement a nationwide "Do Not E-mail" registry. | Charles E. Schumer D-NY | Amendment SA 1892 agreed to in Senate by Voice Vote. |
| SA 1893 | To revise the criminal penalty provisions of the bill as reported, and for other purposes. | Orrin G. Hatch R-UT | Amendment SA 1893 agreed to in Senate by Voice Vote. |
| SA 1894 | To require warning labels on sexually explicit commercial e-mail. | Michael B. Enzi R-WY | Amendment 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.
- Administrative procedure
- Bank fraud
- Civil actions and liability
- Closed caption television
- Commerce
- Computer crimes
- Computer viruses
- Congress
- Congressional reporting requirements
- Consumer protection
- Court reporting
- Crime and Law Enforcement
- Criminal investigation
- Curricula
- Damages
- Deceptive advertising
- Direct mail advertising
- Disabled
- Dislocated workers
- Distance education
- Economics and Public Finance
- Education
- Education of the disadvantaged
- Educational accountability
- Electronic commerce
- Electronic mail systems
- Evidence (Law)
- Federal aid to education
- Federal Communications Commission
- Federal Trade Commission
- Finance and Financial Sector
- Fines (Penalties)
- Forfeiture
- Fraud
- Government Operations and Politics
- Government paperwork
- Governmental investigations
- Higher education
- Identification devices
- Independent regulatory commissions
- Informers
- Injunctions
- Internet
- Job hunting
- Labeling
- Labor and Employment
- Law
- Legal fees
- Negligence
- Parties to actions
- Pornography
- Prosecution
- Punitive damages
- Restrictive trade practices
- Scholarships
- Science, Technology, Communications
- Sentencing guidelines
- Telephone
- Video tape recording
- Vocational and technical education
- Web sites
- Wireless communication
Text 6
Each version as it was printed, newest first.
- —Enrolled Bill
- Nov 25, 2003Engrossed Amendment Senate
- Nov 21, 2003Engrossed Amendment House
- Oct 22, 2003Engrossed in Senate
- Jul 16, 2003Reported to Senate
- Apr 10, 2003Introduced in Senate
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.