http://www.fas.org/sgp/crs/misc/97-1025.pdf
p. 63
CAN-SPAM Act.
The most likely overlap may be with the CAN-SPAM Act of 2003, 18 U.S.C.
1037. The CAN-SPAM Act offers protection to all “protected computers.”
299
The criminal
provisions of the Controlling the Assault of Non-Solicited Pornography and Marketing Act of
2003 (CAN-SPAM) generally broaden the type of coverage provided by the 1030 paragraphs and
add to the federal government’s ability to prosecute hackers who use e-mail for fraudulent
purposes. More precisely, section 1037 proscribes, when done knowingly and in a manner in or
affecting interstate or foreign commerce:
•
accessing a protected computer and intentionally sending multiple e-mails
(multiple means more than 100 a day month, 1,000 a month, or 10,000 a year);
300
•
using a protected computer to send commercial e-mails with the intent to deceive
or mislead as to their source;
301
•
materially altering an e-mail header and sending out multiple e-mails under the
falsified header;
302
•
registering for 5 or more e-mail accounts or 2 or domain names providing false
identification and using them to send out multiple commercial e-mails;
303
or
•
providing false identification to registrant of 5 or more IP addresses and using the
addresses to send out multiple commercial e-mails, or conspires to do so.
304
Offenders face one of a number of sentences ranging from imprisonment for not more than a year
