18 U.S. Code § 1037. Fraud and related activity in connection with electronic mail
(a)In General.—Whoever, in or affecting interstate or foreign commerce, knowingly—
accesses a protected computer without authorization, and intentionally initiates the transmission of multiple commercial electronic mail messages from or through such computer,
materially falsifies header information in multiple commercial electronic mail messages and intentionally initiates the transmission of such messages,
registers, using information that materially falsifies the identity of the actual registrant, for five or more electronic mail accounts or online user accounts or two or more domain names, and intentionally initiates the transmission of multiple commercial electronic mail messages from any combination of such accounts or domain names, or
or conspires to do so, shall be punished as provided in subsection (b).
(b)Penalties.—The punishment for an offense under subsection (a) is—
(1) a fine under this title, imprisonment for not more than 5 years, or both, if—
(2) a fine under this title, imprisonment for not more than 3 years, or both, if—
the volume of electronic mail messages transmitted in furtherance of the offense exceeded 2,500 during any 24-hour period, 25,000 during any 30-day period, or 250,000 during any 1-year period;
the offense was undertaken by the defendant in concert with three or more other persons with respect to whom the defendant occupied a position of organizer or leader; and
(1)In general.—The court, in imposing sentence on a person who is convicted of an offense under this section, shall order that the defendant forfeit to the United States—
any property, real or personal, constituting or traceable to gross proceeds obtained from such offense; and
any equipment, software, or other technology used or intended to be used to commit or to facilitate the commission of such offense.
(d)Definitions.—In this section:
For purposes of paragraphs (3) and (4) of subsection (a), header information or registration information is materially falsified if it is altered or concealed in a manner that would impair the ability of a recipient of the message, an Internet access service processing the message on behalf of a recipient, a person alleging a violation of this section, or a law enforcement agency to identify, locate, or respond to a person who initiated the electronic mail message or to investigate the alleged violation.
The term “multiple” means more than 100 electronic mail messages during a 24-hour period, more than 1,000 electronic mail messages during a 30-day period, or more than 10,000 electronic mail messages during a 1-year period.
Any other term has the meaning given that term by section 3 of the CAN-SPAM Act of 2003.
References in Text
The Federal Rules of Criminal Procedure, referred to in subsec. (c)(2), are set out in the Appendix to this title.