July 18, 2003

Throwing the book at spam

Despite rising calls for national spam legislation, it’s proving tricky to craft loophole-free anti-spam laws

Taking a slightly different tack to ease enforcement, other bills, including the Spam Act of 2003 (S. 1231), would have the FTC set up a national “no-spam” registry similar to the newly inaugurated “do not call” federal registry for telemarketing phone calls. There are also bills that attempt to criminalize spamming by making header forgery a violation of fraud and/or anti-racketeering laws.

Each of these approaches has its own loopholes, and anti-spam activists worry that any strong measures will be watered down by lobbyists for the Direct Marketing Association (DMA) and the large ISPs. As the anti-spam coalition pointed out in its letter, a weak federal law could be worse than no federal law at all, particularly if it pre-empts stronger state anti-spam laws.

At this point, the growing consensus on all sides is that no single law will provide the magic bullet that kills spam. S. 877 and H.R. 2214 may have the best chance of passing, thanks to powerful supporters and DMA lobbyists. Nevertheless, solid technology, user awareness, and balanced legal codes will all be necessary — and will all have to work together — to put handcuffs on spam.

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