Reactions Mixed as U.S. Congress Passes Sweeping Spam Law
By Keith Regan
E-Commerce Times
December 9, 2003

This bill does not stop a single spam from being sent, Coalition Against Unsolicited Commercial E-Mail chairman Scott Mueller told the E-Commerce Times. It also gives a federal stamp of approval for every legitimate marketer in the U.S. to start using unsolicited e-mail as a marketing tool.

The U.S. Congress has passed the most sweeping anti-spam legislation to date, authorizing creation of a do-not-e-mail list that allows consumers to opt out of all unwanted messages.
President Bush has indicated he would sign the so-called CAN SPAM legislation, which could become law as soon as next week. The bill authorizes the Federal Trade Commission to establish a list of consumer e-mail addresses that are off-limits to spammers. It sets penalties, including fines and prison sentences of up to five years, for violations.

The legislation contains a key concession to direct marketers in the form of a provision that calls for the federal law to preempt all existing state laws. Marketers lobbied for the preemption, arguing that complying with various state jurisdictions was too cumbersome.
The bill comes at a critical time. In a report released Tuesday, network security firm MessageLabs reported that spam traffic reached an all-time high in 2003. During the month of May, for example, 50 percent of all business e-mail traffic consisted of spam. MessageLabs also warned that more viruses and worms are being spread through use of spam.

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