105th CONGRESS

1st Session

H. R. 1748

To amend the Communications Act of 1934 to ban the transmission of unsolicited advertisements by
electronic mail, and to require that sender identification information be included with electronic mail
messages.

IN THE HOUSE OF REPRESENTATIVES

May 22, 1997

Mr. SMITH of New Jersey introduced the following bill; which was referred to the Committee on Commerce



A BILL

To amend the Communications Act of 1934 to ban the transmission of unsolicited advertisements by
electronic mail, and to require that sender identification information be included with electronic mail
messages.

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 `Netizens Protection Act of 1997'.

SEC. 2. PROHIBITION ON TRANSMISSION OF UNSOLICITED ADVERTISEMENTS BY
ELECTRONIC MAIL.

Section 227(b)(1) of the Communications Act of 1934 (47 U.S.C. 227(b)(1)) is amended--

(1) by striking `or' at the end of subparagraph (C);

(2) by redesignating subparagraph (D) as subparagraph (E);

(3) by inserting after subparagraph (C) the following new subparagraph:

`(D) to use any computer or other electronic device to send an unsolicited advertisement to
an electronic mail address of an individual with whom such person lacks a preexisting and
ongoing business or personal relationship, unless such individual provides express invitation
or permission; or'.

SEC. 3. ELECTRONIC MAIL SENDER IDENTIFICATION INFORMATION REQUIRED.

Section 227(d)(1) of the Communications Act of 1934 (47 U.S.C. 227(d)(1)) is amended--

(1) by striking `or' at the end of subparagraph (A);

(2) by striking the period at the end of subparagraph (B) and inserting `; and'; and

(3) by inserting at the end the following new subparagraph:

`(C) to use a computer or other electronic device to send an unsolicited advertisement to
an electronic mail address unless such person clearly provides, at the beginning of such
unsolicited advertisement, the date and time the message is sent, the identity of the
business, other entity, or individual sending the message, and the return electronic mail
address of such business, other entity, or individual.'.