Three E-commerce Bills Introduced in Congress

Three pieces of legislation that seek to ban unsolicited bulk commercial e-mail, to prohibit the unauthorized disclosure of personal information obtained over the Internet and to release Internet service providers from liability for unsolicited communications were introduced earlier this month in the U.S. House of Representatives.

Under the Internet Growth and Development Act (HR 1685), sponsored by Rep. Frederick Boucher (D-VA), the registered user of an e-mail service provider would be prohibited from using that provider’s equipment to send unsolicited commercial e-mail unless a prior relationship exists with the recipient.

The bill also requires commercial Web site operators to clearly indicate if personal information is collected, what it’s used for and if it makes that information available to third parties. Further, the measure directs the Federal Trade Commission to develop rules and regulations protecting the privacy of commercial Web site users and subjects violators to civil penalties of up to $25,000 per day.

HR 1686, introduced by Rep. Robert Goodlatte (R-VA), would prohibit the intentional sale and use of computer programs that conceal the identity and location of the sender of spam and subject violators to civil damages of up to $15,000 per violation.

That bill, and another introduced on May 6 by Rep. Tom Bliley (R-VA), would give legal recognition to electronic signatures on all contracts and legal documents sent over the Internet relating to domestic and international commerce.

Bliley’s Electronic Signatures in Global and National Commerce Act (HR1714) would not apply to adoptions, divorces, wills, trusts and other family law matters.

Boucher and Goodlatte introduced their bills May 5. All three measures are being reviewed by the House Commerce and Judiciary committees.