Page:United States Statutes at Large Volume 81.djvu/679

 81 STAT.]

PUBLIC LAW 9 0 - 2 0 6 - D E C. 16, 1967

645

in the Statutes at Large in the same volume as public laws and shall be printed in the Federal Register and included in the Code of Federal Regulations. TITLE III—PROHIBITION OF PANDERING ADVERTISEMENTS SEC. 301. (a) Chapter 51 of title 39, United States Code, is amended 7Jl^l\^'s4%^'' by adding at the end of such chapter the following new section: "§ 4009. Prohibition of pandering advertisements in the mails " (a) Whoever for himself, or by his agents or assigns, mails or causes to be mailed any pandering advertisement which offers for sale matter which the addressee in his sole discretion believes to be erotically arousing or sexually provocative shall be subject to an order of the Postmaster General to refrain from further mailings of such materials to designated addressees thereof. " (b) Upon receipt of notice from an addressee that he has received such mail matter, determined b}^ the addressee in his sole discretion to be of the character described in subsection (a) of this section, the Postmaster General shall issue an order, if requested by the addressee, to the sender thereof, directing the sender and his agents or assigns to refrain from further mailings to the named addressees. "(c) The order of the Postmaster General shall expressly prohibit the sender and his agent's or assigns from making any further mailings to the designated addressees, effective on the thirtieth calendar day after receipt of the order. The order of the Postmaster General shall also direct the sender and his agents or assigns to delete immediately the names of the designated addressees from all mailing lists owmed or controlled by the sender or his agents or assigns and, further, shall prohibit the sender and his agents or assigns from the sale, rental, exchange, or other transaction involving mailing lists bearing the names of the designated addressees. " (d) Whenever the Postmaster General belie A es that the sender or anyone acting on his behalf has violated or is violating the order given under this section, he shall serve upon the sender, by registered or certified mail, a complaint stating the reasons for his belief and request that any response thereto be filed in writing with the Postmaster General within fifteen days after the date of such service. If the Postmaster General, after appropriate hearing if requested by the sender, and without a hearing if such a hearing is not requested, thereafter determines that the order given has been or is being violated, he is authorized to request the Attorney General to make application, and the Attorney General is authorized to make application, to a district court of the United States for an order directing compliance with such notice. "(e) Any district court of the United States within the jurisdiction Compliance order. of which any mail matter shall have been sent or received in violation of the order provided for by this section shall have jurisdiction, upon application by the Attorney General, to issue an order commanding compliance with such notice. Failure to observe such order may be punished by the court as contempt thereof. "(f) Receipt of mail matter thirty days or more after the effective date of the order provided for by this section shall create a rebuttable presumption that such mail was sent after such effective date. " (g) Upon request of any addressee, the order of the Postmaster General shall include the names of any of his minor children who have

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