Colorado Gov. Bill Ritter last week signed an anti-spam bill into law apparently aiming to give Internet service providers and the state’s attorney general a stronger weapon in the fight against spam while staying within the confines of the preemption provisions in the Can Spam Act of 2003.
The Can Spam Act preempts state e-mail laws accept for those pertaining to "falsity and deception."
Colorado’s new anti-spam law-dubbed the Spam Reduction Act of 2008-deems any violation of the federal Can Spam Act inherently fraudulent. It also bars knowingly failing to disclose the "point of origin" or falsifying transmission or routing information of e-mails in an attempt to deceive receivers about the source of the messages.
The new law also bans knowingly using a third party’s Internet address or domain name to send e-mail without their consent.
Moreover, it bars knowingly sending commercial e-mail to someone who has indicated they don’t want it, or knowingly enabling others to send e-mail to people who have indicated they don’t want it.
Colorado’s new law also contains stiff monetary penalties. It allows Internet service providers to sue spammers for actual damages, attorneys fees, and penalties of $1,000 per illegal e-mail up to $10 million.
The law’s original sponsor, Rep. Morgan Carroll, D-Aurora, reportedly said Colorado wasn't "really on the radar" in the battle against spam and that the new law will give the state’s consumers the additional option of taking complaints to local authorities, such as the state attorney general’s office.
