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

From: Declan McCullagh (declan@private)
Date: Sat Nov 22 2003 - 16:49:04 PST

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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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