CANSPAM Act of 2002
Latest action. Placed on Senate legislative calendarThe list of measures reported out of committee and eligible for floor action. Being on the calendar is not a promise of a vote.Read the full definition (opens a new tab) under General Orders. Calendar No. 735.
Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2002, or the CANSPAM Act of 2002 - Sets forth the determination of Congress that: (1) there is a substantial government interest in regulation of unsolicited commercial electronic mail ("spam"); (2) senders of spam should not mislead recipients as to the source or content of such mail; and (3) recipients of spam have a right to decline to receive additional spam from the same source. (Sec 4) Amends Federal criminal law to subject to a fine or imprisonment any person who initiates the transmission to a protected computer of a spam message with knowledge and intent that it contains fraudulent header information that is materially false or misleading. (Sec. 5) Sets forth protections against spam that include: (1) a prohibition of false or misleading transmission information; (2) a prohibition of deceptive subject headings; (3) mandatory inclusion of return address or comparable mechanism in unsolicited commercial electronic mail; (4) a prohibition of transmission of spam after objection; and (5) mandatory inclusion of identifier, opt-out, and physical address in spam. (Sec. 6) Confers enforcement powers for violations of this Act upon the Federal Trade Commission, designated Federal agencies, and State Attorneys General. Permits a provider of Internet access service adversely affected by a violation of this Act to bring a civil action. Sets forth a maximum civil penalty of $1.5 million for knowing and wilful violations of this Act. (Sec. 8) Directs the Commission to submit to Congress a detailed analysis of the efficacy of this Act.
Written by analysts at the Congressional Research Service and published on Congress.gov, not by Civibrief. Summarized at the "Reported to Senate with amendment(s)" stage on October 16, 2002. It describes the bill, it is not the legal text.
Where is it in the process, and what happens next?
4 steps remain before this bill could become law.
The record's latest action, on October 16, 2002: Placed on Senate Legislative Calendar under General Orders. Calendar No. 735.
- Clearing the committees it was referred to, and being scheduled for a floor vote
- Passage by the Senate
- Passage by the House
- The President's signature. If the President vetoes it, two-thirds of both chambers must vote to override.
How likely is it to become law?
Civibrief does not forecast outcomes and this page has no opinion about this one. What the record supports is a base rate, which is a fact about the whole pile, not a prediction about this measure.
In the 107th Congress (2001-02), 377 of the 9,126 bills and joint resolutions introduced became law, about 4.1 percent. That count covers every measure at every stage, including the many that never left committee.
This one is not there yet: 4 steps are still outstanding, listed above.
Has anyone actually voted on it?
No. No roll call in this Congress cites this measure. That is the ordinary outcome: most measures never reach a recorded floor vote, and a committee ends most of them simply by not acting.
A vote is not the only thing that happens to a measure. Hearings, markups, and referrals are all recorded actions, and none of them is a vote of the full chamber.
Who is behind it?
CONRAD BURNS (R-MT) introduced it on March 27, 2001, and 11 members have since signed on as cosponsors.
They come from both major parties: 5 Democrats, 6 Republicans.
Cosponsoring is a formal signature on the text. It is not a commitment to vote for the measure, it does not bind anyone's party, and a long list of cosponsors is a measure of attention rather than of prospects.
How long has it been in play?
It was introduced on March 27, 2001, 9298 days ago. The most recent recorded action was 8730 days ago, on October 16, 2002.
Measures do not carry over. Anything the 107th Congress has not finished by January 3, 2003 dies when the term ends, and has to be introduced again from the start in the next Congress.
Every answer above is assembled from this measure's own record on Congress.gov and from published counts of what Congress has passed before. Civibrief does not predict outcomes and takes no position on any measure.
Vote history
- SenateIn committee, no floor vote yet
- HouseAwaits Senate passage
- PresidentAwaits both chambers