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.
In carrying out this subsection, the Sentencing Commission shall consider providing sentencing enhancements for—
(A)those convicted under section
1037 of title
(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.
Section is comprised of section 4 ofPub. L. 108–187. Subsec. (a) ofsection
4 of Pub. L. 108–187enacted section
1037 of Title
18, Crimes and Criminal Procedure, and amended analysis for chapter
47 of Title
18. The provisions of subsec. (b) ofsection
4 of Pub. L. 108–187are also listed in a table relating to sentencing guidelines set out as a note under section
994 of Title
28, Judiciary and Judicial Procedure.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.