[...] ' 1037. (a) IN GENERAL.Whoever, in or affecting inter- 23 state or foreign commerce, knowingly 24 November 21, 2003 (2:42 p.m.) 13 (1) accesses a protected computer without au- 1 thorization, and intentionally initiates the trans- 2 mission of multiple commercial electronic mail mes- 3 sages from or through such computer, 4 (2) uses a protected computer to relay or re- 5 transmit multiple commercial electronic mail mes- 6 sages, with the intent to deceive or mislead recipi- 7 ents, or any Internet access service, as to the origin 8 of such messages, 9 (3) materially falsifies header information in 10 multiple commercial electronic mail messages and in- 11 tentionally initiates the transmission of such mes- 12 sages, 13 (4) registers, using information that materially 14 falsifies the identity of the actual registrant, for 5 15 or more electronic mail accounts or online user ac- 16 counts or 2 or more domain names, and inten- 17 tionally initiates the transmission of multiple com- 18 mercial electronic mail messages from any combina- 19 tion of such accounts or domain names, or 20 (5) falsely represents oneself to be the reg- 21 istrant or the legitimate successor in interest to the 22 registrant of 5 or more Internet protocol addresses, 23 and intentionally initiates the transmission of mul- 24 S:\WPSHR\LEGCNSL\XYWRITE\CON03\SPAMCOMP.3 November 21, 2003 (2:42 p.m.) 14 tiple commercial electronic mail messages from such 1 addresses, 2 or conspires to do so, shall be punished as provided in 3 subsection (b). 4 (b) PENALTIES.The punishment for an offense 5 under subsection (a) is 6 (1) a fine under this title, imprisonment for 7 not more than 5 years, or both, if 8 (A) the offense is committed in further- 9 ance of any felony under the laws of the United 10 States or of any State; or 11 (B) the defendant has previously been 12 convicted under this section or section 1030, or 13 under the law of any State for conduct involv- 14 ing the transmission of multiple commercial 15 electronic mail messages or unauthorized access 16 to a computer system; 17 (2) a fine under this title, imprisonment for 18 not more than 3 years, or both, if 19 (A) the offense is an offense under sub- 20 section (a)(1); 21 S:\WPSHR\LEGCNSL\XYWRITE\CON03\SPAMCOMP.3 [...]