Page:United States Statutes at Large Volume 117.djvu/2723

 117 STAT. 2704

Courts.

VerDate 11-MAY-2000

13:59 Aug 30, 2004

PUBLIC LAW 108–187—DEC. 16, 2003

mail accounts or online user accounts or two or more domain names, and intentionally initiates the transmission of multiple commercial electronic mail messages from any combination of such accounts or domain names, or ‘‘(5) falsely represents oneself to be the registrant or the legitimate successor in interest to the registrant of 5 or more Internet Protocol addresses, and intentionally initiates the transmission of multiple commercial electronic mail messages from such addresses, or conspires to do so, shall be punished as provided in subsection (b). ‘‘(b) PENALTIES.—The punishment for an offense under subsection (a) is— ‘‘(1) a fine under this title, imprisonment for not more than 5 years, or both, if— ‘‘(A) the offense is committed in furtherance of any felony under the laws of the United States or of any State; or ‘‘(B) the defendant has previously been convicted under this section or section 1030, or under the law of any State for conduct involving the transmission of multiple commercial electronic mail messages or unauthorized access to a computer system; ‘‘(2) a fine under this title, imprisonment for not more than 3 years, or both, if— ‘‘(A) the offense is an offense under subsection (a)(1); ‘‘(B) the offense is an offense under subsection (a)(4) and involved 20 or more falsified electronic mail or online user account registrations, or 10 or more falsified domain name registrations; ‘‘(C) the volume of electronic mail messages transmitted in furtherance of the offense exceeded 2,500 during any 24-hour period, 25,000 during any 30-day period, or 250,000 during any 1-year period; ‘‘(D) the offense caused loss to one or more persons aggregating $5,000 or more in value during any 1-year period; ‘‘(E) as a result of the offense any individual committing the offense obtained anything of value aggregating $5,000 or more during any 1-year period; or ‘‘(F) the offense was undertaken by the defendant in concert with three or more other persons with respect to whom the defendant occupied a position of organizer or leader; and ‘‘(3) a fine under this title or imprisonment for not more than 1 year, or both, in any other case. ‘‘(c) FORFEITURE.— ‘‘(1) IN GENERAL.—The court, in imposing sentence on a person who is convicted of an offense under this section, shall order that the defendant forfeit to the United States— ‘‘(A) any property, real or personal, constituting or traceable to gross proceeds obtained from such offense; and ‘‘(B) any equipment, software, or other technology used or intended to be used to commit or to facilitate the commission of such offense.

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