IP: ISPs Must Filter Email or face Fines (fwd)

[David Farber <farber () cis upenn edu>]

Date: Thu, 22 May 1997 17:03:23 -0400 (EDT)
From: Scott Roberts <shayd () mail cybernex net>
To: farber () cis upenn edu


Dear Dr. Farber,


        Your IPers as well as the EFF might find this interesting, if you
don't already know about it.


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       "You Don't Like My Point Of View, You Think That I'm Insane..."
                          Scott "Shayd" Roberts
          shayd () bc cybernex net  ** http://www.cybernex.net/shayd
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From: Ray Everett-Church.


I think it behooves all ISP admins and their attorneys to see:


<http://www.senate.gov/~murkowski/commercialemail/EmailBillText.html>


Senator Murkowski's bill, supported by the Direct Marketing Association,
Cyber Promotions, and others, does several things:


It is a tagging scheme enforced by the Federal Trade Commission. It
requires "Advertisement" as the first word of the Subject line.


It imposes requirements on ISPs, including:
- Requiring ISPs to notify the FTC if they discover people sending spam
that doesn't comply with the tagging scheme.
- Requiring ISPs to proactively contact the FTC with info regarding any
non-tagged spam, and turn over whatever information the FTC deems
necessary (logs, subscriber info, etc), if the ISP receives more than 100
complaints.
- Requiring ISPs to provide filtering or face up to $11,000 in fines per
violation. Damages againt individual spammers is capped at $5,000.


The Internet Service Providers Consortium <www.ispc.org> is reportedly
working to oppose this bill and has publically endorsed a competing bill
offered by Rep. Chris Smith (R-NJ) which bans spam and places the burden
on the spammers, not on ISPs or their customers. Smith's bill
incorporates much of the language offered by CAUCE (see the URL in my
.sig block).


Hope this information is helpful.


-Ray


--------
Ray Everett-Church <ray () everett org>  http://www.everett.org/~everett
Geo. Washington U. Law, Class of 1997. But, this mail isn't legal advice.
  Opinion(RE-C) != Opinion(clients(RE-C))  (C)1997 Ray      Everett-Church
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