§1037 — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

It is illegal to use computers and the Internet to send lots of commercial emails while hiding or lying about where they come from. That includes accessing a protected computer without permission to send many commercial messages; using a computer to relay messages to trick recipients or Internet providers about origin; changing header information to hide the sender; signing up for five or more email or user accounts (or two or more domain names) using false identity and sending many commercial messages from them; or pretending to control five or more IP addresses and sending many commercial messages from those addresses. Punishments vary by seriousness. If the crime furthers another felony or the person has a past similar conviction, the penalty is a fine, up to 5 years in prison, or both. Certain other aggravating facts (including specific registration or volume counts, $5,000 or more in losses or gains in a year, or leading a group of three or more) bring fines or up to 3 years. Other cases bring fines or up to 1 year. Courts must order the offender to forfeit profits and any gear, software, or technology used to commit the crime. The law uses the definition of “loss” from 1030(e). “Materially falsified” header or registration means altered so people or investigators can’t identify or find the sender. “Multiple” means >100 in 24 hours, >1,000 in 30 days, or >10,000 in a year. Other terms use the CAN-SPAM Act definitions.

Title 18, §1037

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)Whoever, in or affecting interstate or foreign commerce, knowingly—

(1)accesses a protected computer without authorization, and intentionally initiates the transmission of multiple commercial electronic mail messages from or through such computer,

(2)uses a protected computer to relay or retransmit multiple commercial electronic mail messages, with the intent to deceive or mislead recipients, or any Internet access service, as to the origin of such messages,

(3)materially falsifies header information in multiple commercial electronic mail messages and intentionally initiates the transmission of such messages,

(4)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

(5)falsely represents oneself to be the registrant or the legitimate successor in interest to the registrant of 5 or more Internet Protocol addresses, and intentionally initiates the transmission of multiple commercial electronic mail messages from such addresses,

(b)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—

(A)the offense is committed in furtherance of any felony under the laws of the United States or of any State; or

(B)the defendant has previously been convicted under this section or section 1030, or under the law of any State for conduct involving the transmission of multiple commercial electronic mail messages or unauthorized access to a computer system;

(2)a fine under this title, imprisonment for not more than 3 years, or both, if—

(A)the offense is an offense under subsection (a)(1);

(B)the offense is an offense under subsection (a)(4) and involved 20 or more falsified electronic mail or online user account registrations, or 10 or more falsified domain name registrations;

(C)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;

(D)the offense caused loss to one or more persons aggregating $5,000 or more in value during any 1-year period;

(E)as a result of the offense any individual committing the offense obtained anything of value aggregating $5,000 or more during any 1-year period; or

(F)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

(3)a fine under this title or imprisonment for not more than 1 year, or both, in any other case.

(c)(1)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—

(A)any property, real or personal, constituting or traceable to gross proceeds obtained from such offense; and

(B)any equipment, software, or other technology used or intended to be used to commit or to facilitate the commission of such offense.

(2)The procedures set forth in section 413 of the Controlled Substances Act (21 U.S.C. 853), other than subsection (d) of that section, and in Rule 32.2 of the Federal Rules of Criminal Procedure, shall apply to all stages of a criminal forfeiture proceeding under this section.

(d)In this section:

(1)The term “loss” has the meaning given that term in section 1030(e) of this title.

(2)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.

(3)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.

(4)Any other term has the meaning given that term by section 3 of the CAN-SPAM Act of 2003.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal Rules of Criminal Procedure, referred to in subsec. (c)(2), are set out in the Appendix to this title. section 3 of the CAN-SPAM Act of 2003, referred to in subsec. (d)(4), is classified to section 7702 of Title 15, Commerce and Trade.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Jan. 1, 2004, see section 16 of Pub. L. 108–187, set out as a note under section 7701 of Title 15, Commerce and Trade.

§1037 Fraud and Related Activity in Connection with Electronic Mail