Wouldn't that be a nifty thought?
President Signs Legislation Aiming to Stem Flood of Spam
By JENNIFER 8. LEE
Published: December 16, 2003
New York Times
TIMES NEWS TRACKER
WASHINGTON, Dec. 16 President Bush signed a highly anticipated law this morning to restrict junk commercial e-mail, which now accounts for more than half of all e-mail traffic.
Critics say the law, the result of a Congressional compromise after a six-year deadlock, values the interests of businesses over consumers. They say it is flawed because it establishes a set of legal loopholes and pre-empts stricter state laws, like the one passed by California this fall.
The law, which takes effect on Jan. 1, will ban the sending of bulk commercial e-mail that uses false identities and misleading subject lines.
In addition, all commercial e-mail must include a valid postal address and the ability for recipients to opt out of receiving more e-mails. E-mail messages with pornographic content will also require a label, the details of which have yet to be determined. The law also authorizes the Federal Trade Commission to study the feasibility of a do-not-spam list similar to the highly successful but legally questionable do-not-call list.
"In a country with an ever increasing reliance on the Internet, I am glad to know that today marks a day where Americans will begin to have some muscle against the spammers out there who flood their inboxes each day," said Senator Conrad Burns, the Republican from Montana who sponsored the law, called the Can Spam Act.
With the national legal framework now established, the attention now shifts to enforcement efforts.
The law permits the Federal Trade Commission and other federal agencies, state attorneys general and Internet service providers to take spammers to court. Individuals, though, do not have the right to sue spammers.
Violators will be liable for up to $250 per spam e-mail violation but total fines can not total more than $2 million, except in extreme circumstances that might allow for the total fine to be tripled. Violators could also serve up to five years in prison.
Industry groups which helped shape the legislation said the law would help distinguish legitimate marketers from fraudulent ones. "It's important that there has to be enforcement, vigorous enforcement," said Doug Wood, general counsel of the Association of National Advertisers. "Our fear is that the next round of legislation will be worse."
Enforcement efforts will center on a concentrated group of spammers, authorities say. Government officials cite estimates that the spam industry is highly concentrated with about 200 kingpin spammers responsible for some 90 percent of all junk commercial e-mail.
"Kingpin spammers will now face tough rules and harsh consequences for sending unwanted, offensive e-mails to unwilling recipients," said Senator Ron Wyden, the Democrat from Oregon who co-sponsored the bill.
President Signs Legislation Aiming to Stem Flood of Spam
By JENNIFER 8. LEE
Published: December 16, 2003
New York Times
TIMES NEWS TRACKER
WASHINGTON, Dec. 16 President Bush signed a highly anticipated law this morning to restrict junk commercial e-mail, which now accounts for more than half of all e-mail traffic.
Critics say the law, the result of a Congressional compromise after a six-year deadlock, values the interests of businesses over consumers. They say it is flawed because it establishes a set of legal loopholes and pre-empts stricter state laws, like the one passed by California this fall.
The law, which takes effect on Jan. 1, will ban the sending of bulk commercial e-mail that uses false identities and misleading subject lines.
In addition, all commercial e-mail must include a valid postal address and the ability for recipients to opt out of receiving more e-mails. E-mail messages with pornographic content will also require a label, the details of which have yet to be determined. The law also authorizes the Federal Trade Commission to study the feasibility of a do-not-spam list similar to the highly successful but legally questionable do-not-call list.
"In a country with an ever increasing reliance on the Internet, I am glad to know that today marks a day where Americans will begin to have some muscle against the spammers out there who flood their inboxes each day," said Senator Conrad Burns, the Republican from Montana who sponsored the law, called the Can Spam Act.
With the national legal framework now established, the attention now shifts to enforcement efforts.
The law permits the Federal Trade Commission and other federal agencies, state attorneys general and Internet service providers to take spammers to court. Individuals, though, do not have the right to sue spammers.
Violators will be liable for up to $250 per spam e-mail violation but total fines can not total more than $2 million, except in extreme circumstances that might allow for the total fine to be tripled. Violators could also serve up to five years in prison.
Industry groups which helped shape the legislation said the law would help distinguish legitimate marketers from fraudulent ones. "It's important that there has to be enforcement, vigorous enforcement," said Doug Wood, general counsel of the Association of National Advertisers. "Our fear is that the next round of legislation will be worse."
Enforcement efforts will center on a concentrated group of spammers, authorities say. Government officials cite estimates that the spam industry is highly concentrated with about 200 kingpin spammers responsible for some 90 percent of all junk commercial e-mail.
"Kingpin spammers will now face tough rules and harsh consequences for sending unwanted, offensive e-mails to unwilling recipients," said Senator Ron Wyden, the Democrat from Oregon who co-sponsored the bill.
