Do-Not-Spam List Proposed

Spurred on by constituents angry about in-boxes full of spam, Senator Charles Schumer (D-New York) plans to introduce new antispam legislation that would create a national "no e-mail" list similar to the recently enacted do-not-call lists aimed at curbing telemarketers.

In an announcement Sunday, Schumer said his proposal envisions the creation of a no-spam list under the authority of the U.S. Federal Trade Commission. Citizens could register their e-mail addresses for inclusion on the list, which commercial e-mail senders would be required to check before sending mass e-mail messages.

The proposal, expected to be introduced in the Senate by next week, would also require mandatory subject-line identification of spam so recipients could quickly determine whether to look at messages or delete them should the spam reach their in-boxes. The Schumer legislation will require all commercial mass e-mail messages and advertisements to have the letters "ADV" in the subject line, indicating that the messages contain commercial content.

Full Disclosure

The bill would also require full disclosure in e-mail headers and addresses; ban the use of false sender names; require working unsubscribe mechanisms; and ban automated e-mail address harvesting.

Phil Singer, Schumer's communications director in Washington, said the proposed bill will address concerns from constituents and the general public in dealing with a growing problem. "It's becoming an increasingly bigger issue in the industry."

This is believed to be the first time that antispam legislation has been pursued that will model the do-not-call laws designed to protect consumers from telemarketing calls, Singer said.

Canning Spam

Two other senators, Conrad Burns (R-Montana) and Ron Wyden (D-Oregon), earlier this month introduced the CAN-SPAM bill, which would require all unsolicited marketing e-mail to have a valid return e-mail address so recipients can easily ask to be removed from mass e-mail lists. Marketers would also be prohibited under that bill from sending any further messages to a consumer who has asked them to stop.

The Schumer bill would enact stiff civil and criminal penalties, including prison time of up to two years for severe repeat offenders. About $75 million would be set aside for the creation of the system as well as for the FTC registry and enforcement.

Schumer issued a separate report outlining the widespread problems of unwanted spam.

According to Schumer, a new study found that New York City residents receive 8.25 million junk e-mail messages a day, and spend 4.2 million hours a year eliminating spam messages.

"Spam is not just a little nuisance, it's an epidemic, and getting rid of it is not as simple as hitting the delete button," he said in a statement. "Spam costs New Yorkers millions of dollars per year and hurts businesses large and small. As more and more communication is done through e-mail, the cost of spam is only going to grow and grow. My plan blocks spam at the source and for the first time imposes serious penalties for the people and companies that send it.

"I have two daughters--including one still in junior high school--who use e-mail every day for school and to talk to their friends," Schumer said. "Some of the unsolicited messages they get are selling products or services that are appalling and utterly inappropriate for young women their age, and like most parents I want to protect them from this."