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Titles Actions Overview All Actions Cosponsors Committees Related Bills Subjects Latest Summary All Summaries

Titles (11)

Popular Titles

Reduction of SPAM bill (Identified by CRS)

Short Titles

Short Titles as Enacted

CAN-SPAM Act of 2003
Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003

Short Titles - Senate

Short Titles as Passed Senate for portions of this bill
  • CAN-SPAM Act of 2003
  • Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003
  • Training for Realtime Writers 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 Introduced

CAN-SPAM Act of 2003
Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003

Official Titles

Official Titles - Senate

Official Titles as Introduced

A bill to regulate interstate commerce by imposing limitations and penalties on the transmission of unsolicited commercial electronic mail via the Internet.


Actions Overview (9)

Date
12/16/2003Became Public Law No: 108-187. (TXT | PDF)
12/16/2003Signed by President.
12/11/2003Presented to President.
12/08/2003Resolving 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)
11/25/2003Resolving differences -- Senate actions: Senate concurred in the House amendment with an amendment by Unanimous Consent.(consideration: CR S15938-15948)
11/22/2003Passed/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)
10/22/2003Passed/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)
07/16/2003Committee on Commerce, Science, and Transportation. Reported by Senator McCain with an amendment in the nature of a substitute. With written report No. 108-102.
04/10/2003Introduced in Senate

All Actions (41)

Date Chamber
12/16/2003Became Public Law No: 108-187. (TXT | PDF)
12/16/2003Signed by President.
12/11/2003SenatePresented to President.
12/08/2003-5:05pmHouseMotion to reconsider laid on the table Agreed to without objection.
12/08/2003-5:05pmHouseOn 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)
12/08/2003-5:04pmHouseMr. Tauzin asked unanimous consent that the House agree to the Senate amendment to the House amendment. (consideration: CR H12854-12861)
12/08/2003SenateMessage on Senate action sent to the House.
11/25/2003SenateS.Amdt.2219 Amendment SA 2219 agreed to in Senate by Unanimous Consent.
11/25/2003SenateS.Amdt.2219 Amendment SA 2219 proposed by Senator Burns. (consideration: CR S15943) In the nature of a substitute.
11/25/2003SenateSenate concurred in the House amendment with an amendment by Unanimous Consent. (consideration: CR S15938-15948)
11/22/2003SenateMessage on House action received in Senate and at desk: House amendment to Senate bill.
11/22/2003-6:21amHouseMotion to reconsider laid on the table Agreed to without objection.
11/22/2003-6:21amHouseOn 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)
11/22/2003-6:12amHouseConsidered as unfinished business. (consideration: CR 11/21/2003 H12297-12298)
11/21/2003-5:55pmHouseAt 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.
11/21/2003-5:12pmHouseDEBATE - The House proceeded with forty minutes of debate on S. 877.
11/21/2003-5:12pmHouseConsidered under suspension of the rules. (consideration: CR H12186-12198)
11/21/2003-5:12pmHouseMr. Tauzin moved to suspend the rules and pass the bill, as amended.
10/24/2003-12:03pmHouseHeld at the desk.
10/24/2003-10:02amHouseReceived in the House.
10/24/2003SenateMessage on Senate action sent to the House.
10/22/2003SenatePassed Senate with an amendment by Yea-Nay Vote. 97 - 0. Record Vote Number: 404. (text: CR 10/23/2003 S13176-13182)
10/22/2003SenateS.Amdt.1896 Amendment SA 1896 agreed to in Senate by Voice Vote.
10/22/2003SenateS.Amdt.1896 Amendment SA 1896 proposed by Senator McCain for Senator Corzine. (consideration: CR S13040-13041; text: CR S13040) To direct the FTC to develop a system for rewarding those who supply information about violations of this Act and a system for requiring ADV labeling on unsolicited commercial electronic mail.
10/22/2003SenateS.Amdt.1894 Amendment SA 1894 agreed to in Senate by Voice Vote.
10/22/2003SenateS.Amdt.1895 Amendment SA 1895 agreed to in Senate by Voice Vote.
10/22/2003SenateS.Amdt.1895 Amendment SA 1895 proposed by Senator Harkin. (consideration: CR S13037-13039; text: CR S13037-13038) To provide competitive grants for training court reporters and closed captioners to meet requirements for realtime writers under the Telecommunications Act of 1996, and for other purposes.
10/22/2003SenateS.Amdt.1894 Amendment SA 1894 proposed by Senator McCain for Senator Enzi. (consideration: CR S13035-13037, S13039-13040; text: CR S13035) To require warning labels on sexually explicit commercial e-mail.
10/22/2003SenateS.Amdt.1893 Amendment SA 1893 agreed to in Senate by Voice Vote.
10/22/2003SenateS.Amdt.1893 Amendment SA 1893 proposed by Senator Hatch. (consideration: CR S13027-13032; text: CR S13027-13028) To revise the criminal penalty provisions of the bill as reported, and for other purposes.
10/22/2003SenateS.Amdt.1892 Amendment SA 1892 agreed to in Senate by Voice Vote.
10/22/2003SenateS.Amdt.1892 Amendment SA 1892 proposed by Senator Schumer. (consideration: CR S13024-13026, S13027; text: CR S13024) To authorize the Commission to implement a nationwide "Do Not E-mail" registry.
10/22/2003SenateS.Amdt.1891 Amendment SA 1891 as modified agreed to in Senate by Voice Vote. (text as modified: CR S13026)
10/22/2003SenateS.Amdt.1891 Amendment SA 1891 proposed by Senator Wyden. (consideration: CR S13024, S13026-13027; text: CR S13024) To clarify the provision prohibiting false or misleading transmission information, and for other purposes.
10/22/2003SenateThe committee substitute agreed to by Unanimous Consent.
10/22/2003SenateMeasure laid before Senate by unanimous consent. (consideration: CR S13012-13045; text of measure as reported in Senate: CR S13012-13019)
07/16/2003SenatePlaced on Senate Legislative Calendar under General Orders. Calendar No. 209.
07/16/2003SenateCommittee on Commerce, Science, and Transportation. Reported by Senator McCain with an amendment in the nature of a substitute. With written report No. 108-102.
Action By: Committee on Commerce, Science, and Transportation
06/19/2003SenateCommittee on Commerce, Science, and Transportation. Ordered to be reported with an amendment in the nature of a substitute favorably.
Action By: Committee on Commerce, Science, and Transportation
04/10/2003SenateRead twice and referred to the Committee on Commerce, Science, and Transportation. (text of measure as introduced: CR S5204-5207)
04/10/2003SenateSponsor introductory remarks on measure. (CR S5204)

Committees (2)

Committees, subcommittees and links to reports associated with this bill are listed here, as well as the nature and date of committee activity and Congressional report number.

Committee / Subcommittee Date Activity Reports
Senate Commerce, Science, and Transportation04/10/2003 Referred to
06/19/2003 Markup by
07/16/2003 Reported by S. Rept. 108-102
House Judiciary12/15/2003 Legislative interest

No related bill information was received for S.877.


Latest Summary (4)

There are 4 summaries for S.877. View summaries

Shown Here:
Public Law No: 108-187 (12/16/2003)

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.