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| Wilson and Green Take on Spam Again |
June 18, 2003 |
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Bipartisan Coalition Seeks to Let Consumers Weed out In boxes
Washington, DC - Congresswoman Heather Wilson (R-NM-01) has joined forces again with Congressman Gene Green (D-TX-29)to help consumers weed out spam from their email in-boxes. Today, the two lawmakers introduced their Wilson-Green Anti-Spam Act, which affords consumers greater control over their "in boxes" by giving them the ability to opt-out from all commercial email. The Act also provides the FTC, Department of Justice, state attorneys general, and Internet service providers (ISPs) strong tools to vigorously enforce the Act.
Green`s and Wilson`s bipartisan effort has also attracted the support of the ranking members of the Energy and Commerce and Judiciary Committees. Rep. John D. Dingell (D-MI-15), the top Democrat on the House Energy and Commerce Committee, and Rep. John Conyers (D-MI-14), the ranking member of the Judiciary Committee, have joined Green and Republican Wilson as original cosponsors.
"Spam is in the eye of the beholder and the bottom line is consumers have a right to refuse email they don`t want," said Green, a Texas Democrat who represents much of the city of Houston.
"The Internet has changed the way we communicate. Now, grandparents routinely get the latest grandkid news and photos through quick e-mails, and commerce is conducted at light speed," said Wilson. "As consumers, we should have the power to stop getting junk e-mail on our computers or on computers used by our children. Some estimate that more than a third of junk e-mail-or more-is pornographic. But parents are helpless to stop the junk from entering their home."
"For years, Rep. Wilson and I have been working to help consumers stop spam. Spam isn`t a partisan issue; we need to attack the problem of billions of deceptive, often pornographic emails together," Green says. "A strong opt-out right for consumers and protection for children is smart, tough, and fair."
Dingell and Conyers are high-ranking Democrats in the House who believe the Wilson-Green approach to spam is the most effective of all the measures currently considered in the House.
"Consumers are being inundated with spam containing everything from computer viruses to get rich quick schemes to pornography. This bill will go a long way toward eliminating this insidious problem," said Dingell, ranking Democrat on the Congressional committee which oversees telecommunications issues. Wilson and Green serve on that committee, Energy and Commerce, with Dingell.
Wilson and Green introduced Anti-Spam legislation in the 106th Congress. The bill sailed through the House by a vote of 427-1, but stalled in the Senate. The lawmakers teamed up again in February 2001 to introduce similar legislation, with more than 50 original co-sponsors. That legislation was scheduled for floor debate on September 12, 2001, but took a backseat after America was attacked on 9/11.
Wilson and Green are once again ready to stop spam. Studies show the problem hasn`t slowed in recent years, and Wilson says the situation is untenable.
A recent spam study chartered by internet security provider Symantec Corp. found that 4 out 5 kids ages 7 to 18 receive inappropriate spam touting get-rich-quick schemes, loan programs, and pornographic materials. A majority of the 1,000 children interviewed for the survey said they felt "uncomfortable and offended when seeing improper e-mail content." Almost half received e-mails with links to pornographic Web sites and 62% received spam touting dating services.
"Our bill eliminates loopholes that allow spammers to evade federal requirements and deceive consumers. We will then beef up enforcement by the FTC, the States, and Internet providers, so that when spammers break the law, they pay $10-$500 per email. The worst violators could end up in jail," said Green.
Says Wilson, "The legislation that Rep. Green and I have put together will give parents and consumers real power to say enough is enough and close their inbox to annoying and obscene junk email. Our spam legislation closes loopholes and gives regulators and service providers the ability to enforce spam restrictions. This bill has some teeth."
The Wilson-Green Anti-Spam Act:
· affords consumers the ability to opt-out of unwanted commercial email;
· requires companies to promptly comply with a consumers opt-out request;
· prohibits fraudulent email and protects consumers from sexually-oriented messages; and
· contains tough civil and criminal enforcement provisions.
The Wilson-Green Anti-Spam Act
The Wilson-Green Anti-Spam Act affords consumers greater control over their "in boxes" by giving them the ability to opt-out from all commercial email. The Act also provides the FTC, Department of Justice, state attorneys general, and Internet service providers (ISPs) strong tools to vigorously enforce the Act.
Affords Consumers the Ability to Opt-Out of Unwanted Commercial Email.
Wilson-Green gives consumers the right to opt-out of all commercial email from any given company. (The Act exempts a narrow class of email from the opt-out provision, such as those messages used specifically to conduct billing or facilitate transactions.) The Act also enables consumers to better identify and manage spam by requiring that all commercial email contain four things: 1) an identifier that the message is an advertisement or solicitation; 2) notice of the opportunity for a recipient to opt-out; 3) a return email address or website through which the consumer may opt-out; and 4) the physical street address of the sender.
Requires Companies to Promptly Comply with a Consumers Opt-out Request.
The Act requires that companies comply with a recipient`s opt-out request within 10 days, and the FTC has rulemaking authority to alter this time period. Additionally, a consumer`s opt-out request is valid for 5 years, just as is a consumer`s request to be placed on the FTC`s telemarketing "Do Not Call" list. It is important to note that Wilson-Green enables a consumer, after he or she has opted not to receive commercial email from a company, to choose once again to receive commercial email from that company. Companies are also prohibited from selling, transferring or exchanging a consumer`s email address once he or she has opted out.
Prohibits Fraudulent Email and Protects Consumers from Sexually Oriented Messages.
The Act prohibits companies from sending email with fraudulent or misleading header information. Likewise, it includes prohibitions against misleading subject lines, dictionary attacks, and the harvesting of email addresses. Of significant note, the Act protects consumers from having to view sexually explicit email. Specifically, it requires companies that send messages containing sexually oriented material to contain adequate notice and to protect consumers from having to view the sexual content in order to opt-out. (This requirement is based on the U.S. Postal statute that requires that sexually oriented material be wrapped in a plain paper wrapper.)
Contains Tough Civil and Criminal Enforcement Provisions.
Wilson-Green provides full and complete authority to ISPs, state attorneys general and the FTC to enforce the Act. Such entities could seek a range of remedies including injunctions, actual damages or statutory damages. However, state laws that expressly regulate certain aspects of commercial email would be preempted. In addition, the Act provides for criminal penalties of up to two years in prison and/or $250,000 for those companies that continuously violate certain key provisions, including those provisions prohibiting fraudulent email and protecting consumers against sexually oriented messages.
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