What's new in the Senate version of CAN-SPAM bill [sp]

[Declan McCullagh <declan () well com>]

http://news.com.com/2100-1028_3-5111893.html?tag=nefd_lede

The latest version of CAN-SPAM, approved by the Senate, includes at least 
four changes:

• Under the House bill, once commercial e-mail senders obtained 
"affirmative consent" from recipients, they would not have to follow 
certain rules such as providing an easy way to unsubscribe from future 
mailings. The Senate proposal eliminates that language.

• State attorneys general would, according to the House bill, have a 
tougher time seeking injunctions against spammers engaged in header forgery 
or who bounced mail through networks "accessed without authorization." The 
Senate bill makes it easier to stop them. The Senate bill also would make 
it easier for the Federal Trade Commission and the Federal Communications 
Commission to obtain cease-and-desist orders against header-forging or 
network-intruding spammers.

• The House proposal gives federal judges more discretion in granting 
"reasonable attorney fees" to state attorneys general. The Senate version 
does not.

• The Senate version broadens the definition of what qualifies as spam sent 
to mobile devices.

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