The
"Can-Spam" law went into effect January 1. It is the
first federal law regulating "spam," a move that its supporters
say will be a major step in the war against e-mail solicitations
for pornography, Viagra, diet-pills, get-rich-quick schemes
and approaches for sales of other products.
But
critics aren't so sure this "Can-Spam" law will do the job.
They scoff that e-mail users will be unlikely to see a decline
in the volume of junk in their in-boxes as a result of the
Controlling the Assault of Non-Solicited Pornography and
Marketing Act, as it is formally titled.
Congress
overwhelmingly approved the legislation earlier in December,
after more than six years of unsuccessful attempts to enact
a law to interrupt the flood of commercial e-mail.
With Pres. Bush's signature, a complex set of rules is taking
effect to govern how companies may communicate with customers
they already know, and with people they don't. Falsified
e-mail headers could be punished with prison terms, as could
sending "sexually oriented" e-mail that is not properly
labeled. The Federal Trade Commission receives new
enforcement authority and could choose to set up a "do not
e-mail" list similar to the Commission's wildly popular
National Do Not Call registry.
The
law has raised alarm among some "spam" fighters because
it would legalize sending nonfraudulent spam, and zap state
laws that in some cases prohibit that practice. At
least 34 states have slapped regulations on bulk e-mail,
with some jurisdictions going much farther than the feds.
Washington state gives e-mail recipients the right to sue
spammers, while California and Delaware have mandated an
"opt-in" approach that prohibits unsolicited commercial
e-mail without a prior business relationship. |