Page:United States Statutes at Large Volume 120.djvu/3403

 120 STAT. 3372

PUBLIC LAW 109–455—DEC. 22, 2006

Public Law 109–455 109th Congress An Act Dec. 22, 2006 [S. 1608] Undertaking Spam, Spyware, and Fraud With Enforcers beyond Borders Act of 2006. 15 USC 58 note.

To enhance Federal Trade Commission enforcement against illegal spam, spyware, and cross-border fraud and deception, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Undertaking Spam, Spyware, And Fraud Enforcement With Enforcers beyond Borders Act of 2006’’ or the ‘‘U.S. SAFE WEB Act of 2006’’. SEC. 2. FOREIGN LAW ENFORCEMENT AGENCY DEFINED.

Section 4 of the Federal Trade Commission Act (15 U.S.C. 44) is amended by adding at the end the following: ‘‘ ‘Foreign law enforcement agency’ means— ‘‘(1) any agency or judicial authority of a foreign government, including a foreign state, a political subdivision of a foreign state, or a multinational organization constituted by and comprised of foreign states, that is vested with law enforcement or investigative authority in civil, criminal, or administrative matters; and ‘‘(2) any multinational organization, to the extent that it is acting on behalf of an entity described in paragraph (1).’’. SEC. 3. AVAILABILITY OF REMEDIES.

Section 5(a) of the Federal Trade Commission Act (15 U.S.C. 45(a)) is amended by adding at the end the following: ‘‘(4)(A) For purposes of subsection (a), the term ‘unfair or deceptive acts or practices’ includes such acts or practices involving foreign commerce that— ‘‘(i) cause or are likely to cause reasonably foreseeable injury within the United States; or ‘‘(ii) involve material conduct occurring within the United States. ‘‘(B) All remedies available to the Commission with respect to unfair and deceptive acts or practices shall be available for acts and practices described in this paragraph, including restitution to domestic or foreign victims.’’. SEC. 4. POWERS OF THE COMMISSION.

(a) PUBLICATION OF INFORMATION; REPORTS.—Section 6(f) of the Federal Trade Commission Act (15 U.S.C. 46(f)) is amended— (1) by inserting ‘‘(1)’’ after ‘‘such information’’ the first place it appears; and (2) by striking ‘‘purposes.’’ and inserting ‘‘purposes, and (2) to any officer or employee of any foreign law enforcement

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