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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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