18 U.S.C. § 1037 – Fraud and Related Activity in Connection with Electronic Mail
This law makes it a federal crime to engage in specified fraudulent or deceptive practices involving the transmission of commercial electronic mail messages.
This statute targets large-scale email fraud schemes involving unauthorized computer access, deceptive routing practices, falsified header or registration information, and misrepresentation of technical identifiers.
It applies to conduct affecting interstate or foreign commerce and includes both direct violations and conspiracies to commit the prohibited acts.
What the law prohibits.
A person violates this statute if they knowingly:
- Access a protected computer without authorization and intentionally initiate the transmission of multiple commercial electronic mail messages from or through that computer
- Use a protected computer to relay or retransmit multiple commercial electronic mail messages with intent to deceive or mislead recipients or an Internet access service as to the origin of the messages
- Materially falsify header information in multiple commercial electronic mail messages and intentionally initiate their transmission
- Register, using materially falsified identity information, five or more electronic mail or online user accounts or two or more domain names and intentionally transmit multiple commercial electronic mail messages from any combination of those accounts or domain names
- Falsely represent themselves as the registrant or lawful successor in interest to five or more Internet Protocol addresses and intentionally transmit multiple commercial electronic mail messages from those addresses
- Conspire to commit any of the acts prohibited by this section
Penalties.
A person convicted under this statute may be fined under this title or imprisoned for not more than one year, three years, or five years, or both, depending on aggravating factors including prior convictions, message volume, financial loss or gain, leadership role, or commission of the offense in furtherance of another felony.
If you’re being investigated or charged under a federal electronic mail fraud statute, call (314) 900-HELP or contact our criminal defense attorneys to discuss your options.
