Legislation in New York State to control unsolicited commercial e-mail introduced two months ago, is about to be revised in a way to protect Internet service providers, Direct Newsline has learned.
The revisions, which could be made public as early as next month, reportedly will narrow an overly-broad definition of unsolicited commercial e-mail, while clarifying the liability of third-party Internet service providers, and the state’s authority to regulate unsolicited e-mail coming into the state, according to sources close to the bills sponsors, State Senator Mary Lou Rath and State Assemblyman Robin Schimminger.
Michael McDonald, Rath’s press secretary, who confirmed work is underway by to revise the bills, said the two lawmakers are looking to “tighten up the wording of the legislation making it clear that the intent [of the law] is to go after spammers rather than Internet providers or non-spam advertising,” He was unable to say when the revisions would be completed and made public.
The Direct Marketing Association and the Internet industry are withholding comment on the legislation until the revisions are made.
The Rath/Schimminger bills mirror legislation the Virginia legislature recently approved. Virginia Gov. Jim Gilmore is expected to sign the measure into law within the next few weeks.
The New York legislation, like Virginia’s, would impose stiff fines on spammers who fail to include their names, street and e-mail addresses, and telephone numbers with their transmissions or ignore “do-not-send” requests from recipients. Fines would range from $100 per message sent by the transmitter to an aggregate of $15,000 per day.
And, it creates a 10-member task force including Internet industry representatives, to explore other possible restrictions on unsolicited commercial electronic mail advertising.
