WYDEN AND BURNS REINTRODUCE SPAM BILL
(DIRECT Newsline)–A tough anti-spam bill favored by Internet Service Providers was reintroduced last week in the Senate.
The CAN Spam bill authored by Sen. Conrad Burns (R-Mont) and Sen. Ron Wyden (D-OR) is similar to one considered last year by the 107th Congress. It would require that consumers be given a chance to opt out of individual e-mail lists, and would allow the Federal Trade Commission to impose civil fines on violators.
A companion anti-spam bill will probably be introduced in the House of Representatives within a few weeks by Rep. Billy Tauzin (R-LA), sources said.
The biggest difference between this Senate bill and last year’s version is that mailers would now have the option of having hyperlinks for opting out instead of a return e-mail address, according to Jennifer O’Shea, a spokesperson for Burns.
As written in an April 7 draft, the bill states that its measures supercede any state or local government regulations except in fraud cases and a couple of other instances. In addition, the proposed law would require Internet Service Providers to keep “illegal spam” out of their networks.
The bill would also make the sending of fraudulent transmission information punishable by up to one year in prison.
Industry reaction to the bill was generally favorable.
“We support this legislation as part of a comprehensive package of federal spam legislation that should include tough criminal penalties and a broad right of action,” said AOL spokesman Nicholas Graham. “This is the first year we think there’s strong momentum for a federal spam bill.”
The ISP provision is called the AOL clause because AOL, located in the Washington D.C. suburb of Dulles, VA, is the chief lobbyist for ISPs’ interest on the Hill.
Other, less controversial measures would require that all unsolicited e-mails have a valid return e-mail address. And the bill would prohibit misleading subject lines and headers.
The opt-out provisions would require that people be allowed to opt out via return electronic mail address or “another Internet-based mechanism.” Companies would have to stop sending e-mail to persons who opt out within 10 business days. In addition, the bill prohibits the sending of unsolicited e-mail to “harvested” mail addresses.
Finally, the bill would allow state attorneys general to be able to file suit on behalf of citizens. However, the FTC and other federal regulators would have the right to intervene in the action. The bill requires that the FTC file a report with Congress within two years of passage on enforcement of the provisions.
