Why Fed spam bill is amazingly great, by Congress [sp]

[Declan McCullagh <declan () well com>]

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FOR IMMEDIATE RELEASE:
Saturday, November 22, 2003

CONTACT: Ken Johnson or Vikki Ehrlich
202-225-5735

Tauzin Applauds House Passage
Of Historic Anti-Spam Bill

Washington (November 22) - After House Energy and Commerce Committee 
Chairman Billy Tauzin (R-LA) announced yesterday that an historic agreement 
had been reached on anti-spam legislation, the U.S. House of 
Representatives today approved S. 877, the CAN-SPAM Act of 2003, by a vote 
of 392-5.  This bipartisan and bicameral legislation will allow millions of 
Americans the ability to block unwanted and unsolicited commercial e-mail.

Assisting Chairman Tauzin in reaching a sweeping anti-SPAM agreement were 
House Judiciary Committee Chairman James Sensenbrenner (R-WI), Energy and 
Commerce Committee ranking member John Dingell (D-MI), Senator John McCain 
(R-AZ), Senator Conrad Burns (R-MT), Senator Ernest Hollings (D-SC), 
Senator Ron Wyden (D-OR), Rep. Fred Upton (R-MI), Rep. Richard Burr (R-NC), 
Rep. Heather Wilson (R-NM), Rep. Gene Green (D-TX) and Rep. Ed Markey (D-MA).

"For the first time during the Internet-era, American consumers will have 
the ability to say no to SPAM.  What's more, parents will be able to breath 
easier knowing that they have the ability to prevent pornographic SPAM from 
reaching defenseless, unsuspecting children," said Chairman 
Tauzin.  "Although the Internet has given us abilities beyond our wildest 
dreams, it has also produced endless headaches with all of the crippling 
congestion SPAM causes to computers every day throughout this 
country.  Today's agreement could end all of that nonsense and bring peace 
of mind back to everyone who sends and receives e-mail."

"This is a watershed moment for this Congress.  After many years of fits 
and starts, we are closer than ever to responding to our constituents' plea 
for help in protecting their inboxes from a flood of annoying junk e-mail 
and - more disturbingly - the offensive smut," said Rep. Upton.  "Efforts 
in the last couple of Congresses have fallen short, but we are now 
approaching the finish line."

"Although no single piece of legislation will ultimately solve the SPAM 
problem, this bill is an important first step toward allowing consumers to 
retake their inboxes from the flood of unwanted email," said Rep. Burr.

"Unwanted emails will no longer be unavoidable, and consumers will now have 
recourse," said Rep. Wilson.  "This legislation includes steps to protect 
people from pornographic content they do not want to see, and curb the 
worst intrusions of spammers.  The bill gives law enforcement the authority 
to crack down on violators."

"Spam is overloading personal accounts and networks, and it's getting worse 
everyday," said Rep. Green.  "This bill fights back against spammers."

"Spam to a desktop computer is bad enough, but at least a consumer can turn 
off their computer and walk away," said Rep. Ed Markey.  "Wireless spam 
received over your mobile phone follows you wherever you go.  This bill 
will, for the first time, reach this rising menace."

Specifically, the anti-SPAM agreement:

      Empowers American consumers with the right to opt-out of all 
unwanted and unsolicited commercial e-mail or SPAM.

      Provides the FTC with the authority to set up a "Do-Not-SPAM" 
registry based on Chairman Tauzin's work on the "Do-Not-Call" registry for 
unwanted and unsolicited telemarketing telephone calls.

      Grants the strongest available protection for parents and consumers 
to say "no" to the receipt of pornographic SPAM.

      Makes it a crime, subject to five years in prison, to send 
fraudulent SPAM.
      Allows the FTC and state attorneys general the ability to vigorously 
enforce the laws contained in the anti-SPAM legislation.

      Enforces statutory damages of $2 million for violations, tripled to 
$6 million for intentional violations, and unlimited damages for fraud and 
abuse.

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FOR IMMEDIATE 
RELEASE                                            CONTACT:    Israel Klein

November 21, 
2003 
or Colin Crowell
(202) 225-2836

CONSUMERS PROTECTED FROM SPAM
ON E-MAIL AND CELL PHONES

Markey Provision to Stop Spamming on Cell Phones Added to Bill

WASHINGTON, D.C. - Representative Edward J. Markey (D-MA), the ranking 
Democrat on the House Subcommittee on Telecommunications and Internet, 
applauded the anticipated passage of the CAN-SPAM Act of 2003, S. 877 by 
the House this evening.  This bill, which includes a provision from Rep. 
Markey to thwart the ability of marketers to send Spam messages directly to 
consumers on their cell phones and other wireless devices, prevents 
deceptive marketing practices in e-mail and authorizes the creation of a 
national do-not-spam registry.

Rep. Markey stated, "Spam to a desktop computer is bad enough, but at least 
a consumer can turn off their computer and walk away.  Wireless spam 
received over your mobile phone follows you wherever you go.  This bill 
will, for the first time, reach this rising menace."

"Unsolicited wireless text messages have plagued wireless users in Europe, 
South Korea, and Japan over the last few years as wireless companies in 
such countries have offered wireless messaging services," Rep. Markey 
continued.  "In Japan alone, NTT DoCoMo estimates that its wireless network 
processes some 800 million wireless spam messages a day."

The CAN-SPAM Act of 2003:
Requires the FCC to promulgate rules in order to put strong consumer 
protections on the books.

Requires the FCC to consider certain provisions with an eye toward 
assessing the unique capabilities or limitations of wireless devices.

Will allow the FCC to promulgate rules requiring a consumer "opt-in" for 
wireless email messages while examining the nature of a consumer's 
relationship with their wireless phone and service, and  to take into 
account the unique service and technical characteristics that may warrant 
wireless-specific rules affecting consumer and carrier rights and 
obligations.

The wireless spam provision would also require "express prior 
authorization" from the consumer before an entity could send spam to their 
wireless device.

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