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Nevada Moves to Ban Spam

Bill would make sending unsolicited e-mail a misdemeanor

By Brian McWilliams, PCWorld   

The bill, presented Wednesday to the state senate%squots judiciary committee, would make sending unsolicited ads directly to e-mail accounts a misdemeanor. If passed, the bill would make Nevada the first state to outlaw spam.

Sponsors of the bill compare spam to receiving direct mail with postage due, a popular argument among spam critics. They argue that reading or even simply deleting spam costs money in the form of Internet connect time.

Opponents, including Libertarian Cato Institute attorney Solveign Burnstein, say the proposed legislation First Amendment guarantees of free speech. Burnstein also argues that outlawing junk e-mail would hurt small businesses.

%dquotIf spam works as a marketing tool for small business, then I guess I%squotm concerned about the advantage that big business might get (from a ban on spam),%dquot Burnstein said.

%dquotBig business can sort of afford advertising through other mediums like magazines and television and so on, but small business can%squott, and if we foreclose spam, do we actually cut down on the extent to which the Internet can provide an outlet for new competition, for new entrants into markets?%dquot

The Nevada senate%squots judiciary committee is considering proposed revisions of the bill and has not set a timetable for a vote. But Burnstein said the measure has a good chance of being passed.

%dquotPeople who send junk mail aren%squott really popular,%dquot she said. %dquotSo if you%squotre a legislator looking for something to do that won%squott really ruffle anyone%squots feathers in particular, that will do it.%dquot

California, Virginia and Connecticut are also considering similar e-mail advertising bans.