Page:United States Statutes at Large Volume 117.djvu/2722

 PUBLIC LAW 108–187—DEC. 16, 2003

117 STAT. 2703

(ii) to provide warranty information, product recall information, or safety or security information with respect to a commercial product or service used or purchased by the recipient; (iii) to provide— (I) notification concerning a change in the terms or features of; (II) notification of a change in the recipient’s standing or status with respect to; or (III) at regular periodic intervals, account balance information or other type of account statement with respect to, a subscription, membership, account, loan, or comparable ongoing commercial relationship involving the ongoing purchase or use by the recipient of products or services offered by the sender; (iv) to provide information directly related to an employment relationship or related benefit plan in which the recipient is currently involved, participating, or enrolled; or (v) to deliver goods or services, including product updates or upgrades, that the recipient is entitled to receive under the terms of a transaction that the recipient has previously agreed to enter into with the sender. (B) MODIFICATION OF DEFINITION.—The Commission by regulation pursuant to section 13 may modify the definition in subparagraph (A) to expand or contract the categories of messages that are treated as transactional or relationship messages for purposes of this Act to the extent that such modification is necessary to accommodate changes in electronic mail technology or practices and accomplish the purposes of this Act. SEC. 4. PROHIBITION AGAINST PREDATORY AND ABUSIVE COMMERCIAL E-MAIL.

15 USC 7703.

(a) OFFENSE.— (1) IN GENERAL.—Chapter 47 of title 18, United States Code, is amended by adding at the end the following new section: ‘‘§ 1037. Fraud and related activity in connection with electronic mail ‘‘(a) IN GENERAL.—Whoever, in or affecting interstate or foreign commerce, knowingly— ‘‘(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 commercial electronic mail 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 commercial electronic mail messages and intentionally initiates the transmission of such messages, ‘‘(4) registers, using information that materially falsifies the identity of the actual registrant, for five or more electronic

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