18 U.S.C. § 1037 - U.S. Code - Unannotated Title 18. Crimes and Criminal Procedure § 1037. Fraud and related activity in connection with electronic mail

(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,

(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--

(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--

(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.

(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 alleged violation.

(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.