(a) In General.- 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
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
(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
(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.
(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.
(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
(2) Procedures.- 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) Definitions.- In this section:
(1) Loss.- The term “loss” has the meaning given that term in section 1030 (e) of this title.
(2) Materially.- 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
(3) Multiple.- 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) Other terms.- Any other term has the meaning given that term by section 3 of the CAN-SPAM Act of 2003.