Senate Commerce Committee Approves Wyden’s Spam, Nanotechnology Bills
Legislation offers consumers control over unsolicited e-mail, supports burgeoning field of molecular science

June 19, 2003

Washington, DC - U.S. Sen. Ron Wyden (D-Ore.) won unanimous Commerce Committee approval today for two key technology bills: the CAN SPAM Act of 2003 (S. 877), and the 21st Century Nanotechnology Research and Development Act (S. 189). Wyden, one of the Senate’s leading technology policymakers, has worked with Senator Conrad Burns (R-Mont.) for more than three years on legislation to help consumers deal with the growing problem of unsolicited e-mail, or spam. Wyden first introduced a bill to provide Federal support for nanotechnology, which is the study of science at the molecular level, last year with Sen. George Allen (R-Va.). Both bills are now approved for consideration by the full Senate in this session.

“Slowing the flow of spam and promoting the new science of nanotechnology are arguably two of the best actions Congress can take to help Americans benefit from technology,” said Wyden. “I believe this country’s biggest technology opportunities and solutions lie with scientists and private sector innovators, but today the Commerce Committee smoothed the way for successes in the future.”

The Burns-Wyden spam bill is aimed at giving consumers more control over unsolicited marketing e-mail, which has become an estimated 45 percent of all e-mail traffic today. The version of S. 877 approved by the Commerce Committee is based largely on the CAN SPAM bill that was approved unanimously last year, with a number of changes to strengthen the legislation’s usefulness to consumers and increase penalties for unlawful spammers. Changes to S. 877 include:

• Increased penalties for certain techniques commonly used by spammers, including “dictionary attacks,” the establishment of numerous e-mail accounts to make spam more difficult to track and block, and the hijacking of other computers or computer networks to send or relay spam;
• An added provision clarifying that when a recipient asks to be removed from a sender’s mailing list, the sender also may not share or sell that recipient’s e-mail address to a third party;
• Increased available damage amounts for suits by state Attorneys General and internet service providers;
• Elimination of certain pleading standards – such as the requirement to show that headings are “materially or intentionally falsified” – to facilitate enforcement;
• Requirement of an opt-out mechanism in all marketing e-mail, solicited or unsolicited; and
• Modification of preemption rules to allow states to continue to impose and enforce strong laws against falsity and deception in spam, while still ensuring national standards for compliance with the law.

“The exponential growth of spam is more than an annoyance – it will threaten the viability of e-mail and e-commerce as Internet users grow increasingly frustrated,” said Wyden. “The CAN SPAM Act is an important first step toward giving consumers some control over the avalanche of spam in their in-boxes.”

The 21st Century Nanotechnology Research and Development Act, also approved by the Commerce Committee today, is designed to fund and coordinate accelerated nanotechnology research in the United States. Nanotechnology is expected to yield rapid advances in numerous areas including health care, manufacturing and agriculture.

The Wyden-Allen legislation creates a National Nanotechnology Research Program to support long-term nanoscale research and development, increase America’s competitiveness in nanoscale technology, and promote effective education and training for the next generation of nanotechnology researchers and professionals.

The program will include a number of regional nanotechnology research hubs; the state of Oregon’s advances in combining nanoscale and microscale research may position the state as a likely location for a research center. At his statewide economic summit in December of 2002, Wyden committed to making Oregon a national center for nanotechnology research and development. He intends to work with Oregon universities and economic development agencies and the rest of the Oregon congressional delegation to establish Oregon as a leader in the field.

“Nanotechnology has the potential to revolutionize health care, manufacturing, agriculture, and a number of other industries, but it also holds great hope for our economy,” said Wyden. “Putting Oregon at the forefront of nanotech will ensure that our state reaps both the scientific and economic benefits that nanotechnology innovations – from new medical devices to new manufacturing techniques – can provide.”

The bill also requires a panel of experts to advise the President on nanotechnology issues; Wyden has strongly advocated the creation of a panel made up solely of nanotechnology experts, although the existing President’s Commission of Advisors on Science and Technology, or P-CAST, may be used. A National Nanotechnology Coordination Office created in the bill will provide administrative and technical support for the President’s nanotechnology advisors and the research program in general. To study the potential effects of nanotechnology, a new American Nanotechnology Preparedness Center would also be established.

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