A second bill to tighten the government’s controls over unsolicited commercial e-mail or spam, but with stiffer criminal penalties than the first, has been introduced in the House by Rep. Bob Goodlatte (R-VA).
Goodlatte’s Anti-Spamming Act of 2001 (HR-1017) would amend the Federal Criminal Code, to prohibit the sending of unsolicited commercial e-mails and subject violators to a year in jail, a flat $15,000 fine, or a fine of up to $10 per message, whichever is greater.
Similar legislation, but with lighter penalties, was introduced a month ago by Rep. Heather Wilson (R-NM).
Her bill, the Unsolicited Commercial Electronic Mail Act (H.R.718), would amend the Federal Communications Act of 1934 and subject violators to a fine of no more than $500 for each communication sent, plus no more than a year in jail.
Aside from the penalties, both measures basically would prohibit the sending of wanted or unsolicited commercial e-mails to both individuals and businesses without permission.
In addition, they would prohibit the senders of unsolicited commercial e-mails from hiding their true identities, addresses and telephone numbers or from using someone else’s name, address, or telephone number.
And, while both measures would authorize the recipients of unsolicited commercial e-mails to sue violators for civil damages and reasonable legal fees, they would also indemnify Internet Service Providers against both civil and criminal liability for unsolicited commercial e-mails sent through their services.
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