U.S. Lawmakers Averse To Outlawing Spam

Lawmakers on both sides of the U.S. Capitol seem not to have an interest in legislating against spam this year.

No Representative or Senator appears to strongly support any of the anti-spam provisions before the 107th Congress --despite popular demand for federal protections.

"If a bill does pass, it would be over the objections of virtually every interested group," said Ray Everett Church, co-founder and board member of The Coalition Against Unsolicited Commercial E-Mail (CAUCE).

The bill that's got the most attention on Capitol Hill is the Unsolicited Commercial Electronic Mail Act of 2001, or HR 718, sponsored by Rep. Heather Wilson, R-N.M. The bill reiterates legislation that nearly passed in Congress last year, but it's been modified this year--much to the chagrin of consumer advocates. The legislative problem is partially caused by disagreements over how to define spam and the rights associated with opt-in and opt-out subscription lists.

I know that with this list, ITinfo, we cut a generous swath around the issue and rarely, if ever any more, subscribe any email address to the list ourselves. All subscriptions are strictly opt-in; we want subscribers to use our web- based or email-based subscription forms, so the list remains absolutely opt-in.

Not all e-zine publishers follow the same standards. For example, I receive up to 600 spam messages a day, many are recurring articles from junk e-zines to which I was "opt- out" subscribed. I don't want the responsibility to opt-out. Leave me out, if I want to opt-in, I'll ask.

Here's a rundown of the anti-spam bills before the 107th Congress.

Wireless Telephone Spam Protection Act (HR 113) Introduced in January 2001 by Rep. Rush Holt, D-N.J., the bill would block unwanted ads sent to wireless devices. Status: Referred to the House Committee on Energy and Commerce.

Unsolicited Commercial Electronic Mail Act of 2001 (HR 718) Introduced in February 2001 by Rep. Heather Wilson, R-N.M., and identical to a bill passed by the House in 2000. The bill requires unsolicited commercial e-mail to be labeled and to include opt-out instructions; it also prohibits false headers. As amended in committee March 2001, the bill prevents ISPs from legal action against a spammer unless the provider had already asked to opt out of further communication. It gives ISPs the right to enforce violations up to $500 per illegal spam. Status: Pending review in House Judiciary Committee until June 5, 2001.

Anti-Spamming Act of 2001 (HR 1017) Introduced by Rep. Bob Goodlatte, R-Va., in March 2001. Amends federal computer crime laws to make it illegal to send unsolicited bulk e-mail messages containing a false sender address or header, or to distribute software designed for this purpose. Status: House committee hearings held May 5.

The "Can Spam" Act of 2001 (S. 630) Introduced by Sen. Conrad R. Burns, R-Mont., in March 2001. Requires junk messages to be labeled and to include opt-out instructions; it also prohibits deceptive subject lines and false headers. It gives ISPs the right to enforce violations up to $10 per illegal spam. The FTC and state attorneys general also have right of enforcement. Status: Senate hearing could happen as early as next week.

Dave Murphy is founder and membership director of ITrain, the International Association of Information Technology Trainers. ITrain is the global professional society for IT trainers.
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