Anti-spam groups hail Schumer legislation

Anti-spam legislation introduced by Sen. Charles E. Schumer has earned unusually strong support from anti-spam groups, who say it will come closer than any other congressional proposal to telling spammers to stop.

The New York Democrat’s Stop Pornography and Abusive Marketing Act, or SPAM Act, calls for a national “No Spam Registry,” the only proposal that tells spammers to stop sending unsolicited e-mail to people who don’t want it.

Six other proposals merely allow for recipients to opt out of receiving future messages from individual spammers once they receive them and make spamming illegal only if the sender ignores the opt-out request or uses deceptive practices.

“The [other bills] fail the most basic test … none of them actually tell anyone not to spam,” said John Mozena, co-founder and vice president of the Coalition Against Unsolicited Commercial E-mail and a supporter of the SPAM Act.

In general, any unsolicited e-mail sent in bulk is considered spam, according to the Federal Trade Commission (FTC), and it makes up about 40 percent of all e-mail. Most spam advertises for financial services or other products or is pornographic in nature. Spammers routinely send billions of e-mails per day, costing businesses and consumers more than $10 billion each year.

Under the SPAM Act, a computer user could register his or her e-mail address in a federal database similar to the new “do not call” lists designed to fend off telemarketers.

Many states have enacted do-not-call lists and have had varying degrees of success in curbing telemarketing. The FTC will begin manning the National Do Not Call Registry Oct. 1.

A national “no spam” list would allow the FTC to fine spammers up to $5,000 for each violation; those who misuse the registry could be fined up to $100,000. Additionally, those receiving spam could sue for as much as $1,000 for each such e-mail. Repeat offenders could get jail time.

“I think that spam, particularly the pornographic aspects, had to be stopped,” Mr. Schumer said yesterday. “I wanted to come up with the toughest legislation.”

Mr. Schumer’s SPAM Act was co-sponsored by Sen. Lindsey Graham, South Carolina Republican, and endorsed earlier this month by the Christian Coalition, which praised the bill for its ability to crack down on pornographic spam.

Under the SPAM Act, parents could register a minor’s e-mail addresses in the no-spam registry. Even if the child opted for a spam solicitation, the registry would take precedence, making it illegal for spammers to send e-mails to the child’s address.

Anti-spam groups have praised the SPAM Act because it would allow citizens to sue spammers without the need to prove deception or fraud.

The bill also has garnered support because it does not pre-empt existing state laws.

Members of both chambers of Congress have been reviewing the six other proposals designed to lay down stiff penalties for spammers. But none of them explicitly states that spamming should be made illegal.

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