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Washington State Legislature Votes on Watered-Down Spam Law

Bill would allow ISPs and spam recipients to sue for damages.

By Brian McWilliams, PCWorld   

The latest setback for antispammers came Tuesday as the Washington State House of Representatives passed a watered-down version of a bill sponsored by Representative Roger Bush.

As originally drafted, the bill would have made it illegal to send unsolicited commercial e-mail to Washington state residents. But strong opposition from groups as diverse as the American Civil Liberties Union and the Direct Marketing Association forced changes in the bill%squots wording.

The version that passed 97 to 1 makes it illegal only to forge the return address on bulk e-mailings, or to hijack or relay spam through an unsuspecting third party. Recipients can sue violators for $500 or actual damages, whichever is greater. ISPs can also file civil suits claiming damages of $1000 or actual damages, whichever is greater.

Bush today said he was disappointed that the original wording didn%squott survive. But he said backers of the bill weren%squott able to muster the votes to pass that version.

%dquotThis is not a gutted bill,%dquot Bush says. %dquotIt is a good, solid beginning.%dquot

Last summer, lobbying efforts by the DMA and others helped weaken the nation%squots first antispam legislation, passed in Nevada in early July.

The new Nevada law requires bulk e-mailers to offer removal lists to recipients of their ads, but doesn%squott impose a penalty on those who fail to comply.

The Coalition Against Unsolicited Commercial Email, or CAUCE, worked to support the original versions of both the Washington and the Nevada legislation.

CAUCE board member Scott Hazen Mueller said spammers will easily circumvent the Washington bill if it becomes law. To avoid using forged headers, all they need to do to is sign up for what he called %dquotthrowaway%dquot Internet accounts, and keep switching accounts to avoid detection. But CAUCE member John Mozena said it%squots a miracle Washington was able to win even that level of protection.

%dquotThe average Net user in Washington [state] stood up and told their legislators, %squotNo, we don%squott want what the Direct Marketing Association wants,%squot%dquot Mozena says. %dquotWe ended up striking a compromise....This legislation is the best we can get at the moment.%dquot

Representative Bush said he expects the state senate to pass the bill and send it to the governor for signing in early March. He intends to introduce tougher legislation next year.

%dquotLike any other frontier that we have entered historically, some [people] always go beyond civil use of their freedoms, to the point where they%squotre infringing on other people%squots rights,%dquot Bush says. In the case of the Internet frontier, infringement takes the form of %dquothijacking and use of other people%squots equipment without their permission--this cost-shifting business. So [the bill is] an attempt to put some kind of a yellow line down the middle of the road for the first time.%dquot

Mozena of CAUCE says his organization is also backing a similar bill now being considered in California, as well as one introduced last year in the U.S. Congress aimed at reducing junk mail nationwide.

But Mozena said the national legislation, which would prohibit unsolicited commercial e-mail and is sponsored by Representative Chris Smith of New Jersey, so far has little support on Capitol Hill.