For a law to take effect on
U.S. federal level, both
House and
Senate must pass
bill and then
President of
United States must sign
bill into law.Last year we almost got a SPAM law on
books when House legislators approved their version of
SPAM bill, H. R. 3113,
"The Unsolicited Commercial Electronic Mail Act of 2000", with a vote of 427-1.
However, it never came close to becoming law because
Senate never even voted on it.
This year, there are already several attempts being made to place SPAM under
law.
The most recognized is known as bill HR 95, which is a re-introduction of H. R. 3113 from last year and is named: "To protect individuals, families, and Internet service providers from unsolicited and unwanted electronic mail." http:/ homas.loc.gov/cgi-bin/bdquery/z?d107:h.r.00095:
A SUMMARY AS OF: 1/3/2001--Introduced.
"Unsolicited Commercial Electronic Mail Act of 2001 - Amends
Federal criminal code to provide criminal penalties for intentionally initiating
transmission of any unsolicited commercial electronic mail message (message) to a protected computer in
United States with
knowledge that any domain name or other initiator identifying information contained in or accompanying such message is false or inaccurate.
Prohibits any person from sending such a message unless
message contains a valid e-mail address, conspicuously displayed, to which a recipient may send notice of a desire not to receive further messages.
Makes it unlawful for a person to initiate
transmission of such a message in violation of a policy regarding unsolicited commercial e-mail messages that complies with specified requirements, including requirements for notice and public availability of such policy and for an opportunity for subscribers to opt not receive such messages.
Directs
Federal Trade Commission (FTC) to notify violators under this Act, to prohibit further initiation of such messages, and to require
initiator to delete
names and e-mail addresses of
recipients and providers from all mailing lists.
Provides a right of action by a recipient or provider against e-mail initiators who violate
above requirements. "
As bill HR 95 stands right now, it is not expected to pass vote in
House for two reasons, even though
language of
bill is exactly
same as that passed last year in a vote of 427-1: