Summary: S.630 — 107th Congress (2001-2002)All Information (Except Text)

Bill summaries are authored by CRS.

Shown Here:
Reported to Senate with amendment(s) (10/16/2002)

Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2002, or the CANSPAM Act of 2002 - Sets forth the determination of Congress that: (1) there is a substantial government interest in regulation of unsolicited 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 4) Amends Federal criminal law to subject to a fine or imprisonment any person who initiates the transmission to a protected computer of a spam message with knowledge and intent that it contains fraudulent header information that is materially false or misleading.

(Sec. 5) Sets forth protections against spam that include: (1) a prohibition of false or misleading transmission information; (2) a prohibition of deceptive subject headings; (3) mandatory inclusion of return address or comparable mechanism in unsolicited commercial electronic mail; (4) a prohibition of transmission of spam after objection; and (5) mandatory inclusion of identifier, opt-out, and physical address in spam.

(Sec. 6) Confers enforcement powers for violations of this Act upon the Federal Trade Commission, designated Federal agencies, and State Attorneys General.

Permits a provider of Internet access service adversely affected by a violation of this Act to bring a civil action.

Sets forth a maximum civil penalty of $1.5 million for knowing and wilful violations of this Act.

(Sec. 8) Directs the Commission to submit to Congress a detailed analysis of the efficacy of this Act.