Pub. L. 108–187, § 4(b), Dec. 16, 2003, 117 Stat. 2705, provided:
Pursuant to its authority under section 994(p) of title 28, United States Code, and in accordance with this section, the United States Sentencing Commission shall review and, as appropriate, amend the sentencing guidelines and policy statements to provide appropriate penalties for violations of section 1037 of title 18, United States Code, as added by this section, and other offenses that may be facilitated by the sending of large quantities of unsolicited electronic mail.
In carrying out this subsection, the Sentencing Commission shall consider providing sentencing enhancements for—
(A) those convicted under section 1037 of title 18, United States Code, who—
(i) obtained electronic mail addresses through improper means, including—
(I) harvesting electronic mail addresses of the users of a website, proprietary service, or other online public forum operated by another person, without the authorization of such person; and
(II) randomly generating electronic mail addresses by computer; or
(ii) knew that the commercial electronic mail messages involved in the offense contained or advertised an Internet domain for which the registrant of the domain had provided false registration information; and
(B) those convicted of other offenses, including offenses involving fraud, identity theft, obscenity, child pornography, and the sexual exploitation of children, if such offenses involved the sending of large quantities of electronic mail.”
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