Congressional Findings on 'Spam' E-mail Control Bill
Finding of Congress on bill H.R. 3113 - Unsolicited Commercial Electronic Mail Act of 2000 as reported by the House Committee on Commerce on June 26, 2000.
SEC. 2. CONGRESSIONAL FINDINGS AND POLICY.
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(a) FINDINGS- The Congress finds the following:
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(1) There is a right of free speech on the Internet.
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(2) The Internet has increasingly become a critical mode of global
communication and now presents unprecedented opportunities for the
development and growth of global commerce and an integrated worldwide
economy. In order for global commerce on the Internet to reach its full
potential, individuals and entities using the Internet and other online
services should be prevented from engaging in activities that prevent other
users and Internet service providers from having a reasonably predictable,
efficient, and economical online experience.
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(3) Unsolicited commercial electronic mail can be an important mechanism
through which businesses advertise and attract customers in the online
environment.
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(4) The receipt of unsolicited commercial electronic mail may result in
costs to recipients who cannot refuse to accept such mail and who incur
costs for the storage of such mail, or for the time spent accessing,
reviewing, and discarding such mail, or for both.
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(5) Unsolicited commercial electronic mail may impose significant monetary
costs on Internet access services, businesses, and educational and nonprofit
institutions that carry and receive such mail, as there is a finite volume
of mail that such providers, businesses, and institutions can handle without
further investment. The sending of such mail is increasingly and negatively
affecting the quality of service provided to customers of Internet access
service, and shifting costs from the sender of the advertisement to the
Internet access service.
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(6) While some senders of unsolicited commercial electronic mail messages
provide simple and reliable ways for recipients to reject (or `opt-out' of)
receipt of unsolicited commercial electronic mail from such senders in the
future, other senders provide no such `opt-out' mechanism, or refuse to
honor the requests of recipients not to receive electronic mail from such
senders in the future, or both.
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(7) An increasing number of senders of unsolicited commercial electronic
mail purposefully disguise the source of such mail so as to prevent
recipients from responding to such mail quickly and easily.
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(8) Many senders of unsolicited commercial electronic mail collect or
harvest electronic mail addresses of potential recipients without the
knowledge of those recipients and in violation of the rules or terms of
service of the database from which such addresses are collected.
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(9) Because recipients of unsolicited commercial electronic mail are unable
to avoid the receipt of such mail through reasonable means, such mail may
invade the privacy of recipients.
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(10) In legislating against certain abuses on the Internet, Congress should
be very careful to avoid infringing in any way upon constitutionally
protected rights, including the rights of assembly, free speech, and
privacy.
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(b) CONGRESSIONAL DETERMINATION OF PUBLIC POLICY- On the basis of the findings
in subsection (a), the Congress determines that--
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(1) there is substantial government interest in regulation of unsolicited
commercial electronic mail;
(2) Internet service providers should not be compelled to bear the costs of unsolicited commercial electronic mail without compensation from the sender; and
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(3) recipients of unsolicited commercial electronic mail have a right to
decline to receive or have their children receive unsolicited commercial
electronic mail.
Return to House Debates E-mail 'Spam' Control Bill
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