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Email spam vs. the First Amendment (continued)

Progress on the state level
While these bills continue to languish in committee and you continually to scroll through the spam in your inbox, the real action is happening in the states.

A sampling of state statutes and pending bills follows:

California Assembly Bill 1629, the Internet Consumer Protection Act
Based on The Netizen's Protection Act, this bill permits ISPs to forbid the use of their equipment to send or deliver spam, and can sue anyone who violates this for $50 per message up to $15,000 per day in which spamming takes place. This bill passed the Assembly in May, 1988.

Maryland House Bill 140/Senate Bill 222
Enacted in April 1998; the bill prohibits use of email with intent to harass, though it makes an exception for "peaceable activity intended to express political views or provide information to others."

Nevada Senate Bill 13
This bill requires unsolicited commercial email messages to identify the sender and include opt-out instructions. This bill is effective as of July, 1998.

Washington House Bill 2752
The state of Washington now prohibits false headers and misleading subject lines in unsolicited commercial email messages.

Related legislation is pending in Connecticut, Kentucky, Massachusetts, New York, Rhode Island and Virginia and Wisconsin.

Not just for lunch
Spam is no longer just a luncheon meat. It is a complicated economic and constitutional issue that some view as a threat to the Internet and others defend as a marketing right. We will keep you informed to changes as they develop.

Victor Woodward is Business Development Manager at Content Technologies, Inc. His Web address is http://www.mimesweeper.com. His email address is victor.woodward@mimesweeper.com.


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