Antispam Bill Crawls Toward Senate

Senator Conrad Burns expressed confidence this week that his proposed legislation against unsolicited advertising e-mail--spam--would pass an upcoming Commerce Committee vote and reach the U.S. Senate floor. This would bring the bill one step closer to becoming the first U.S. federal law that fights spam.

The Montana Republican introduced the "Can-Spam Act" along with Senator Ron Wyden, a Democrat from Oregon, saying that the legislation is a necessary step for accelerating the growth of e-commerce.

Burns said Wednesday that based on feedback he has received from colleagues, he is confident the legislation will survive a May 16 markup in the Commerce Committee, of which he is a member, and sail onto to the Senate floor.

Fines Threatened

The Can-Spam Act comes on the heels of earlier similar legislation by Burns and Wyden. The House was considering an antispam bill as well. Neither completed the legislative process, however.

The new legislation requires online marketers to include a working return address and prohibits them from using phony or misleading subject headers. The bill includes enforcement measures that give the U.S. Federal Trade Commission authority to impose fines of up to $10 per infringing e-mail, with a cap at $500,000. This amount could be tripled if courts decide that the violation is willful.

Additionally, state attorneys general would be allowed to file suits on behalf of residents of their states, and Internet service providers would also be able to file lawsuits to keep spam off of their networks.

Bill Called Weak

However, antispam advocates feel that the bill does not go far enough in stemming the tide of unsolicited e-mail.

"This legislation is too weak. It doesn't make spam illegal, and it doesn't allow the people receiving spam the right to sue," said Jason Catlett, president of Junkbusters, a privacy advocacy and antispam group.

Catlett and other spam opponents are seeking legislation that sets opt-in rules for spam, rather than the Can-Spam Act's opt-out provision, and allows a private right of action for individuals to sue spammers.

Because government agencies and state attorneys general have limited resources to fight spam, Burn's bill will do little to deter spammers, Catlett said.

However, Congress has come under heavy pressure from direct marketers who see unsolicited e-mail as an important part of their business practices. Catlett and other observers doubt that a more stringent antispam law would garner wide congressional support.