FTC Meets With ISPs and DMA on Spam

The Federal Trade Commission took a tentative step toward resolving the spam issue last week by meeting with several Internet Service Providers and the Direct Marketing Association.

The participants included representatives from Hotmail, Yahoo and the Direct Marketing Association. Representing the FTC were Chairman Timothy J. Muris and Commissioner Orson Swindle.

Part of the discussion focused on how to define spam, according to Jim Conway, vice president-government affairs for the DMA.

The DMA defines spam only as fraudulent e-mail. But many observers would include legitimate unsolicited e-mail.

Asked if the FTC would try to control legitimate e-mail, MacFarlane said, “We’re looking at everything, but particularly fraudulent spam.”

The group also discussed the sheer volume of commercial e-mail. The ISPs complained that every time they create a new filter, “Someone comes up with something equally sophisticated to get around it,” Conway said.

Asked about the FTC’s jurisdiction, Conway said the FTC clearly has authority to deal with consumer fraud. And the commission may have “ipso facto jurisdiction” to deal with the sheer volume of spam that is “stuffing up the pipes and blocking the ISPs,” he said.

Conway pointed out that some of the anti-spam bills now before Congress mention a role for the FTC.

A second meeting has not yet been scheduled.