15 U.S.C. § 7704 — Other protections for users of commercial electronic mail

(a) Requirements for transmission of messages:
(1) Prohibition of false or misleading transmission information: It's illegal to send a commercial email, or a transactional or relationship message^*, to a "protected computer" if it has header information^* that's materially false or misleading. For this rule: (A) header info that's technically accurate is still materially misleading if the sender got the originating email address, domain name^*, or IP address by false or fraudulent means; (B) a "from" line that accurately identifies whoever sent the message is not materially false or misleading; and (C) header info is materially misleading if it fails to accurately identify the protected computer that sent the message, because the sender knowingly used another protected computer to relay or retransmit it to disguise where it came from.
(2) Prohibition of deceptive subject headings: It's illegal to send a commercial email to a protected computer with a subject heading the sender knows, or should reasonably know based on the circumstances, would likely mislead a recipient about the message's real content or subject matter, judged the same way as under section 45 of this title (the FTC's deception rules).
(3) Return address or comparable mechanism required: (A) In general: It's illegal to send a commercial email to a protected computer without a working, clearly and conspicuously shown return email address or other internet-based mechanism that: (i) lets the recipient reply, in the way the message specifies, to ask not to get more commercial email from that sender at the address where the message was received; and (ii) keeps working to receive those requests for at least 30 days after the message is sent. (B) More detailed options possible: The sender can meet (A)(i) by giving the recipient a list or menu of the specific message types the recipient wants or doesn't want, as long as the list includes an option to receive no commercial email at all from the sender. (C) Temporary inability to receive messages or process requests: A return address or mechanism doesn't fail this rule just because it's unexpectedly and temporarily unable to receive messages or process requests, due to a technical problem beyond the sender's control, if the problem is fixed within a reasonable time.
(4) Prohibition of transmission after objection: (A) In general: If a recipient uses the (3) mechanism to ask not to receive some or all commercial email from a sender, then it's unlawful: (i) for the sender to send a covered message more than 10 business days after receiving that request; (ii) for anyone acting for the sender to send such a message more than 10 business days after the request, with actual knowledge or knowledge fairly implied from the circumstances that it's covered; (iii) for anyone acting for the sender to help send it, by providing or selecting the addresses it goes to, with actual knowledge or implied knowledge that doing so would violate (i) or (ii); or (iv) for the sender, or anyone else who knows about the request, to sell, lease, exchange, or otherwise transfer or release the recipient's email address — including through mailing lists — for any purpose other than complying with this chapter or another law. (B) Subsequent affirmative consent: These bans don't apply if the recipient later gives affirmative consent again, after the request.
(5) Identifier, opt-out, and physical address required: (A) It's illegal to send any commercial email to a protected computer unless the message clearly and conspicuously provides: (i) identification that it's an advertisement or solicitation; (ii) notice of the chance to decline further commercial email under paragraph (3); and (iii) a valid physical postal address for the sender. (B) Part (A)(i) doesn't apply if the recipient already gave prior affirmative consent to receiving the message.
(6) "Materially": For the false-header rule in paragraph (1), "materially" includes altering or hiding header information in a way that would stop an internet access service handling the message, someone alleging a violation, or a law enforcement agency from identifying, locating, or responding to whoever sent the message, or from investigating the violation — or that would stop the recipient from responding to the sender.

(b) Aggravated violations relating to commercial electronic mail:
(1) Address harvesting and dictionary attacks: (A) In general: It's illegal to send, or help originate by providing or selecting recipient addresses for, a commercial email that already violates (a), if the sender had actual knowledge or implied knowledge that: (i) the recipient's address was obtained by automated means from a website or online service that, when the address was obtained, had posted a notice saying it wouldn't give, sell, or transfer its addresses to others for sending email; or (ii) the recipient's address was obtained by automated means that generate possible addresses by combining names, letters, or numbers into many permutations. (B) Disclaimer: This paragraph doesn't create any ownership or proprietary interest in such email addresses.
(2) Automated creation of multiple electronic mail accounts: It's illegal to use scripts or other automated means to register for multiple email or online accounts, in order to send, or let someone else send, a commercial email to a protected computer that violates (a).
(3) Relay or retransmission through unauthorized access: It's illegal to knowingly relay or retransmit a commercial email that violates (a), from a protected computer or network the sender accessed without authorization.

(c) Supplementary rulemaking authority: The Commission^* must, by regulation under section 7711 of this title: (1) modify the 10-business-day period in (a)(4)(A) or (a)(4)(B), or both, if the Commission decides a different period would be more reasonable, after weighing (a)'s purposes, recipients' interests, and the burden on senders of lawful commercial email; and (2) name additional activities or practices covered by (b), if the Commission decides those activities are contributing substantially to unlawful commercial email.

(d) Warning labels required on commercial email with sexually oriented material:
(1) In general: It's illegal to send a commercial email with sexually oriented material to a protected computer unless the message either: (A) includes, in its subject heading, the marks or notices the Commission has prescribed; or (B) is written so that what first appears when the recipient opens it, without any further action, includes only: (i) any such marks or notices as (2) allows; (ii) the information required under (a)(5); and (iii) instructions or a mechanism for accessing the sexually oriented material.
(2) Prior affirmative consent: Paragraph (1) doesn't apply if the recipient already gave prior affirmative consent to receiving the message.
(3) Prescription of marks and notices: Within 120 days of December 16, 2003, the Commission, consulting with the Attorney General, had to prescribe clearly identifiable marks or notices for commercial email containing sexually oriented material, to inform recipients and help with filtering. The Commission had to publish these in the Federal Register and give public notice of them.
(4) Definition: "Sexually oriented material" means material depicting "sexually explicit conduct," as defined in section 2256 of title 18, unless the depiction is a small and insignificant part of material that isn't mainly about sexual matters.
(5) Penalty: Anyone who knowingly violates paragraph (1) can be fined under title 18, imprisoned for up to 5 years, or both.