US House, Senate Agree on Anti-Spam Bill

Folic_Acid writes "Rep. Billy Tauzin, chairman of the House Energy and Commerce committee, has announced that the House and the Senate have reached a deal to both pass an anti-spam bill, the first ever federal anti-spam law in the United States. Specifically, the law contains: opt-out, authority for the FTC to set up a "Do-Not-SPAM" registry, criminal charges for fraudulent spam, including five years in prison, statutory damages of $2 million for violations, tripled to $6 million for intentional violations, unlimited damages for fraud and abuse." News.com has a copy of the bill and a story.

Comments

more of the same

[mabu]

While I applaud the intent, unfortunately this is another totally ineffective anti-spam legislation. There are plenty of laws already on the books making 99.9% of spam illegal, but the problem is the government and related law enforcement agencies do not enforce the existing laws so why would anyone think this is any different? People need to realize that passing a law, and enforcing a law are entirely different. This is like going into a book store and buying a book, but not reading it! I hear next week Tauzin is going to solve the world hunger problem by passing a law making it illegal to throw out leftovers. Hurrah!

At this point, the only way you can realistically take action against a spammer based on these laws is by printing them out, finding the spammer and then hitting him over the head with the actual laws. Law enforcement agencies and district attorneys have repeatedly demonstrated an apathy towards pursuing and prosecuting spammers. The FBI has a monetary threshold of damages on any case of this nature it even elects to investigate. There are virtually no resources dedicated to enforcing this bill and there are no competent agencies available to even investigate! Please send a message to your political leaders that enforcement and not more laws are key to dealing with this problem.

The law looks good, but without dedicated provisions and a change in policy which will actually insure that these issues will be enforced, this is just a joke.

This is to be consitent with DMCA's safe-harbor

[unassimilatible]

DCMA has a safe-harbor provision, which gives infringers an out if they take down the infringing material once notified by the IP owner.

From keytlaw

• Digital Millennium Copyright Act Safe Harbor
  The simplest, cheapest and best way a web site owner may protect against liability for copyright infringement resulting from users' uploaded content is to comply with the safe harbor provisions of the Digital Millennium Copyright Act. Web site owners who comply with the requirements of the DMCA and who take appropriate action after receiving notice of copyright infringement from a copyright owner, will not be liable for money damages for users' uploaded content.

I think they just wanted to make it consitent with DMCA.

The closest distance between two points is a tunnel
- Lyndon Johnson.

Most spam *IS* from the USA

[Space cowboy]

I direct you to Spamhaus.org rokso list

Have a quick scan down the list of countries...

Simon

Hasn't passed the House yet. Call Congress now.

[Animats]

This bill (referred to S.877, even by the Clerk of the House) hasn't actually passed the House yet. The House is still in session, at 2:30 AM. There was a voice vote, but it wasn't decisive, and a roll call vote was scheduled. To save time, all the roll call votes today will be run at the end of the "day". The roll call vote is on the calendar, but it hasn't happened yet. At this moment, the House is voting on whether to recommit the Medicare prescription drug benefit bill back to committee.

This bill could still die. Call your Congressional office. The staff is still there, very tired, and answering the phone.