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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 15 U.S.C. § 7703 Prohibition against predatory and abusive commercial e-mail us united_states_code code_section 15 COMMERCE AND TRADE 103 CONTROLLING THE ASSAULT OF NON-SOLICITED PORNOGRAPHY AND MARKETING 7703 15 U.S.C. § 7703 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc15@119-100.zip /us/usc/t15/s7703 data/legal/raw/us/code/title-15/usc15.xml f5e2f387a13e5f73f829a3ff8a36568644007e2038551bc9cb3dd315c4c9d420 6982338d990ef19d6b52bff6825089bdd6d0ee1233d9382673faf533decd5059 70af27404e9f2b886626393d7fcd4ad4038c82c574f946a06c98d9bded6d93fb 2026-07-04 official
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15 U.S.C. § 7703 - Prohibition against predatory and abusive commercial e-mail

Text

(a) Omitted

(b) United States Sentencing Commission (1) Directive Pursuant to its authority under section 994(p) of title 28 and in accordance with this section, the United States Sentencing Commission shall review and, as appropriate, amend the sentencing guidelines and policy statements to provide appropriate penalties for violations of section 1037 of title 18, as added by this section, and other offenses that may be facilitated by the sending of large quantities of unsolicited electronic mail.

(2) Requirements In carrying out this subsection, the Sentencing Commission shall consider providing sentencing enhancements for—

(A) those convicted under section 1037 of title 18 who—

(i) obtained electronic mail addresses through improper means, including—

(I) harvesting electronic mail addresses of the users of a website, proprietary service, or other online public forum operated by another person, without the authorization of such person; and

(II) randomly generating electronic mail addresses by computer; or

(ii) knew that the commercial electronic mail messages involved in the offense contained or advertised an Internet domain for which the registrant of the domain had provided false registration information; and

(B) those convicted of other offenses, including offenses involving fraud, identity theft, obscenity, child pornography, and the sexual exploitation of children, if such offenses involved the sending of large quantities of electronic mail.

(c) Sense of Congress It is the sense of Congress that—

(1) Spam has become the method of choice for those who distribute pornography, perpetrate fraudulent schemes, and introduce viruses, worms, and Trojan horses into personal and business computer systems; and

(2) the Department of Justice should use all existing law enforcement tools to investigate and prosecute those who send bulk commercial e-mail to facilitate the commission of Federal crimes, including the tools contained in chapters 47 and 63 of title 18 (relating to fraud and false statements); chapter 71 of title 18 (relating to obscenity); chapter 110 of title 18 (relating to the sexual exploitation of children); and chapter 95 of title 18 (relating to racketeering), as appropriate.

(Pub. L. 108187, § 4, Dec. 16, 2003, 117 Stat. 2703.)

Notes

Editorial Notes

Codification Section is comprised of section 4 of Pub. L. 108187. Subsec. (a) of section 4 of Pub. L. 108187 enacted section 1037 of Title 18, Crimes and Criminal Procedure, and amended analysis for chapter 47 of Title 18. The provisions of subsec. (b) of section 4 of Pub. L. 108187 are also listed in a table relating to sentencing guidelines set out as a note under section 994 of Title 28, Judiciary and Judicial Procedure.

Statutory Notes and Related Subsidiaries

Effective DateSection effective Jan. 1, 2004, see section 16 of Pub. L. 108187, set out as a note under section 7701 of this title.