Anti-spam laws on the way page 2: Help from the
industry
The Email User Protection Act (HR 1910) would prohibit
the use of false routing data or software; prohibit the use of false
names and phone numbers for UCE contacts; give the FTC the power to
enforce unfair or deceptive practices under this law; and provide
fines of up to $50 per message or $10,000 for each day violations
continue. The law also would provide for a punishment of up to one
year in prison for forgeries of email addresses or the sending of
spam after having received an opt-out notice from a recipient.
This bill was referred to the House Committee on Nov. 3, 1999.
The Internet Freedom Act (HR 1686) would prohibit the
sending of bulk email with falsified originating email addresses,
domain names or other routing information. It also would prohibit
the use of distributing software designed to falsify routing
information.
There was a hearing on this bill before the House Judiciary
Committee on July 18 of this year.
The Internet Growth & Development Act of 1999 (HR
1685) would prohibit the sending of UCE in violation of ISP
policies, the transmission of bulk email with false originating
information, and the distribution of software designed to allow
falsification of originating information. ISPs would be able to sue
violators of this law, but only if the senders had actual prior
notice of ISP policies.
A hearing on this bill took place on July 18 of this year before
the House Judiciary Committee.
The Can Spam Act (HR 2162) would prohibit the use of ISPs
to send UCE in violation of ISP policies. This law also would
provide possible criminal penalties for the unauthorized use of
third-party domain names in sending spam if such conduct resulted in
damage to a computer network. Significantly, this law also would
provide for pre-emption of state anti-spam laws, such that only
federal law would control.
This would add uniformity, as currently at least 21 states have
passed or are considering differing forms of anti-spam legislation.
The last action on this bill consisted of hearings before the
House Subcommittee.
Senate Bill 699 and House Bill 612 would direct
the secretary of Heath and Human Services to launch a consumer
outreach program to educate senior citizens and raise awareness
about the dangers of Internet and telemarketing fraud. It would
extend criminal law to encompass fraud via the Internet. These bills
were referred to the Senate and House committees in March 1999.
The Industry steps up
Congress is not alone in trying to combat the forces of spam.
Simultaneously, some companies are showing technological leadership
designed to protect the public from UCE. One such company is
Mailshell.com.
Mailshell uses proprietary filtering technology to sort, rank and
block unwanted email messages, thereby preventing spam from even
reaching users' email accounts. The system generates a unique
"mailshell" for each list to which users subscribe, and therefore
authenticates each party's identity, rather than just the identity
of the recipient. By identifying, categorizing and organizing all
incoming email, the user has control of the email to be received.
Mailshell allows users to decide the level of filtering they
want. Users customize their preferences and maintain anonymity at
the same time.
This process is transparent to the user and does not require any
changes or reconfiguration to a user's existing email setup. Users
can decide if they want their incoming email stored on Mailshell's
Web-based email site or forwarded to the existing email box of the
user's choice.
As life moves more and more online, at least anti-spam help
appears to be on the way.
To
receive weekly notifications and links to this column, contact the
author at ejsinrod@duanemorris.com and type "add to Upside list" in
the subject line. The author, Eric J. Sinrod, is a partner focusing
on Internet and litigation issues in the San Francisco office of
Duane Morris LLP.
Disclaimer: This column is meant to educate and inform and it
does not create any attorney-client relationships. For legal advice,
contact an attorney with expertise in your area of concern. To
submit a letter to the editor about this column, send an email to
online@upside.com.
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