Anti-Spam Legislation: Will It Work?
The Coalition Against Unsolicited Email (CAUCE) joined with other consumer, privacy and anti-spam organizations to ask Congress to drop its current “pro-spam, anti-consumer” legislative proposals. The group of organizations asks for a consumer-enforceable Federal prohibition against spamming.
For example, one draft bill in circulation made an opt-out choice effective for three years and allows companies to send unsolicited e-mail for any of their products. It also forced consumers to opt out for each mailing. The group asks, with the number of unwanted e-mail most individuals receive, is opting out really a realistic solution?
In addition to CAUCE, Junkbusters Corp., the Privacy Rights Clearing House, SpamCom Foundation, Consumer Action, the Consumer Federation of America, the National Consumers League and Commercial Alert all signed the letter to Congress asking for anti-spam legislation with teeth.
What do they think will work? The prohibition of unsolicited bulk commercial e-mail, an opt-in criterion and private right of action that would allow individuals to sue spammers in small claims court. In addition, the group said that any federal legislation should not preempt state legislation. “As with all consumer protection, federal law should set a floor, not a ceiling, and should give victims the ability to bring their actions in any court that provides a competent and convenient forum.”
For more information, see http://www.cauce.org.