15 U.S.C. § 7703 — Prohibition against predatory and abusive commercial e-mail

(a) Omitted.

(b) United States Sentencing Commission^*. (1) Directive. Under section 994(p) of title 28 and this section, the Commission must review and, when appropriate, amend sentencing guidelines and policy statements to provide suitable penalties for violations of section 1037 of title 18, as added by this section, and other offenses that may be helped by sending large quantities of unsolicited email. (2) Requirements. The Commission must consider sentencing increases for: (A) people convicted under section 1037 who (i) obtained email addresses improperly, including (I) collecting the addresses of users of another person's website, proprietary service, or online public forum without that person's permission, or (II) having a computer randomly generate addresses; or (ii) knew the commercial messages contained or advertised an Internet domain whose registrant gave false registration information; and (B) people convicted of other offenses, including fraud, identity theft, obscenity, child pornography, or sexual exploitation of children, when the offense involved sending large quantities of email.

(c) Sense of Congress. Congress believes that: (1) spam has become the preferred method for distributing pornography, carrying out fraud schemes, and putting 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 people who send bulk commercial email to help commit Federal crimes, including tools in title 18 chapters 47 and 63 on fraud and false statements, chapter 71 on obscenity, chapter 110 on sexual exploitation of children, and chapter 95 on racketeering, as appropriate.