Anti-Spam Bills Mount in Congress

Rep. Gene Green (D-TX), Tuesday became the fifth member of Congress since March to introduce legislation seeking to regulate unsolicited commercial e-mail, otherwise known as spam. Similar legislation was introduced earlier in the month by Reps. Frederick Boucher (D-VA) Robert Goodlatte (R-VA) and Tom Bliley (R-VA), and in the Senate by Senator Frank Murkowski (R-AK), in March.

Greene, without referring to the other measures before the House, called his bill “an excellent solution to the spam problem” because it would “start to weed out fraudulent spam and eliminate any hassle to Internet users.”

Under his proposal, which like the others is under review by the House Commerce and Judiciary Committees, it would be illegal for anyone to: falsify identifying information such as e-mail addresses or routing information in the transmission of unsolicited commercial e-mail; use an individual’s e-mail account without permission; ignore requests to stop sending unsolicited e-mail, or create, use or distribute computer software capable of falsifying a spammer’s identification.

Violators would face fines of either $50 per violating message or up to $10,000 each day the violation continues.

Boucher’s Internet Growth and Development Act (HR-1685), would prohibit the registered user of an e-mail service from using the provider’s equipment to send unsolicited e-mail to anyone unless a prior relationship existed while requiring Web site operators to indicate if they collect personal information and what they do with it and directs the Federal Trade Commission to develop rules protecting the privacy of commercial Web site users. Violators face civil penalties of up to $25,000 a day.

The Internet Freedom Act (HR-1686), introduced by Goodlatte, would prohibit the intentional sale and use of computer programs capable of concealing the identity and location of the sender of spam and subject violators to civil damages of up to $15,000 per incident.

Both were introduced on May 5. The next day Bliley introduced the Electronic Signatures in Global and National Commerce Act (HR-1714), that would give legal recognition electronic signatures on electronically transmitted commercial contracts and legal documents.

Murkowski’s bill, the Inbox Privacy Act (S-759), introduced on March 25, also prohibits unsolicited commercial e-mail without a prior relationship with the recipient and includes an opt-out provision. And, like the pending House bills, the measure, being reviewed by the Senate Commerce and Judiciary Committees, directs the FTC to develop regulations governing unsolicited e-mail that subjects violators to civil fines of up to $50,000 per day.