Unsolicited Commercial Electronic Mail Choice Act of 1997
S. 771
Introduced by Senator Frank H. Murkowski on May 21, 1997

S. 771 Section by Section Outline
(prepared by Senator Murkowski's office)

Section 1

Title - Unsolicited Commercial Electronic Mail Choice Act of 1997.

Section 2

Congressional Findings

Section 3

S. 771 would require unsolicited commercial e-mails to include the word "advertisement" as the first word of the subject with no intervening text or symbols. The sender's real name, street address, e-mail address, and phone must be included in the text of the message. All Internet routing information must be valid. Effective date of this section is 30 days after passage.

Section 4

The Federal Trade Commission (FTC) would have discretionary enforcement authority to seek injunctions and/or fines of up to $11,000 against commercial e-mailers who disregard the provisions of the Act. The Federal Communications Commission may assist the FTC. The FTC is required to publicize its actions under this law on a web site of its choice.

Section 5

State attorneys general can also bring actions in federal court unless the FTC has already done so in the same matter.

Section 6

Internet Service Providers (ISP's) would be required to respond to the FTC with information necessary for the FTC to investigate within 72 hours. ISP's required to terminate all service to violators if the FTC determines that the ISP's equipment was used to initiate the e-mail. Private parties can also contact the ISP, but action required only if more than 100 complaints about a specific message.

Within one year from passage, larger ISP's (>25,000 users) would be required at customer request to filter e-mail with the "Advertisement" tag. A 2 year deadline for smaller ISP's. ISP's would be required to notify new customers at signup and existing customers once of this service.

ISP's are under no obligation to transmit inbound or outbound commercial e-mail with or without the information contained within Section 3.

Section 7

At consumer's request to the originating e-mail address, all unsolicited e-mail with the required information listed in Section 3 must end within 48 hours.

Information required by Section 3 is not required for senders to subscribers who sign up for mass e-mail lists such as those that airlines run for discounted airfares.

Information required by Section 3 is not required for senders to those who have a pre-existing business relationship.

Section 8

A private right of action exists with the court's discretion to award up to $5000 in liquidated damages and reasonable attorney's fee.

Section 9

Pre-emption of state laws to the extent that they conflict with this Act. No pre-emption if the state law is stricter.

Section 10

Definitions