Ведущий раздела
М. Шабрашин
Unenacted bills:
Unsolicited Electronic Mail Act of 2000 (H.R. 3113)
H.R. 3113 would require
unsolicited
commerciale-mail messages to be
labelled and to include
opt-outinstructions, and would prohibit false
routing informationin such messages. It would prohibit the use of a
provider's facilities to send unsolicited commercial e-mail in violation of the
provider's
policiesif the policies are clearly posted on a web site at the domain name included
in the recipient's e-mail address or are made available by an
FTC-approved standard method (presumably, via the provider's
SMTP server).
Originally introduced by Rep. Heather Wilson
(R-NM) on October 20, 1999, with many co-sponsors (including Rep. Gene Green,
sponsor of the
E-Mail User Protection Act, H.R. 1910), this bill was amended in committee
on March 23 and June 14, 2000, and now incorporates aspects of Rep. Gary Miller's
Can Spam Act,
H.R. 2162. The House of Representatives passed H.R. 3113 on July 18, 2000; it
is now under consideration by the Senate.
The current version of H.R. 3113 requires "clear and
conspicuous" identification of messages as unsolicited commercial e-mail, but
unlike the previous version of the bill it would not require senders to use a
standardized format for such labels. The original version of the bill would
have required senders of unsolicited commercial or "
pandering" e-mail messages to purchase an
FCC-maintained
exclusion listof people who did not want to receive such messages, and all unsolicited
messages would have been required to include a valid
reply address for opt-out requests. Providers could sue for violations of their policies on
unsolicited commercial e-mail, but only after actual notice and a specific
request for compliance.
Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2000 (S. 2542)
A companion bill to the
Unsolicited Electronic Mail Act of 2000 (H.R. 3113), the "CAN SPAM" Act of 2000 was
introduced by Sen. Conrad Burns (R-MT) on May 11, 2000. It would require senders of
unsolicited
bulk
commerciale-mail messages to provide
opt-outinstructions and to honor opt-out requests. It would prohibit the use of false
routing informationin unsolicited commercial messages, and would prohibit the sale or
distribution of software designed to falsify routing information.
Can Spam Act
(H.R. 2162)
The Can Spam Act, introduced by Rep. Gary Miller
(R-CA) on June 10, 1999, would prohibit using a
provider's
facilities to send
unsolicited
commercial
e-mail in violation of the provider's
policies, if
the policies are clearly posted on a web site at the domain name included in
the recipient's e-mail address or are referred to in the initial banner
message displayed by the provider's
SMTP server.
The law also would impose criminal penalties for the unauthorized use of a
third party's domain name in sending e-mail messages if it results in damage
to a computer or network. State laws concerning unsolicited commercial e-mail
would be pre-empted.
E-Mail User
Protection Act (H.R. 1910)
The E-Mail User Protection Act, introduced by Rep. Gene Green (D-TX)
on May 24, 1999, would make it illegal to send
unsolicited
bulk e-mail with a
false sender's name, e-mail address, telephone number, Internet domain, or
other routing
information, or to distribute software designed to falsify routing
information. Senders of unsolicited bulk e-mail would be required to honor
opt-out requests.
Inbox Privacy
Act of 1999 (S. 759)
The Inbox Privacy Act of 1999, introduced by
Sen. Frank H. Murkowski (R-AK) on March 25, 1999, would require
unsolicited
commercial
e-mail messages to include the sender's name, physical address, e-mail address,
and telephone number, along with accurate
routing information
and opt-out
instructions; senders would be required to honor opt-out requests. Owners of
domain names could opt-out all addresses within a domain by registering with
the FTC, although
ISPs would be required to let individual customers continue receiving
unsolicited e-mail at their option and to maintain and publish a list of such
customers. The FTC would have rulemaking and enforcement authority; states and
individual Internet providers would also be able to bring civil actions under
the law. State laws concerning commercial e-mail would be pre-empted.
Internet
Freedom Act (H.R. 1686)
The Internet Freedom Act, introduced by Rep. Bob Goodlatte
(R-VA) on May 5, 1999, would prohibit sending
unsolicited
bulk e-mail with a
falsified originating e-mail address, domain name, or other
routing information,
or to distribute software designed to falsify routing information. The bill
also contains provisions that concern broadband Internet access and related
services.
Internet
Growth and Development Act of 1999 (H.R. 1685)
The Internet Growth and Development Act of 1999, introduced
by Rep. Rick Boucher
(D-VA) on May 5, 1999, would make it illegal to use a
provider's
facilities to send
unsolicited
commercial
e-mail to the provider's
subscribers
in violation of the provider's
policies. A
provider could sue a sender for such violations, but only if the sender had
actual notice of the policies. The bill would also make it illegal to send
unsolicited bulk
e-mail with a false domain name,
return address,
or other header
information, or to distribute software designed to falsify
routing information.
Other provisions of the bill relate to electronic signatures, broadband
Internet access, and online privacy.
Netizens
Protection Act of 1999 (H.R. 3024)
The Netizens Protection Act of 1999, introduced by Rep. Christopher H.
Smith (R-NJ) on October 5, 1999, would require all
unsolicited
e-mail messages to contain the sender's name, physical address, and e-mail
address, along with
opt-out instructions. False or misleading
subject lines
would be prohibited on unsolicited
bulk e-mail
messages. These requirements would not pre-empt state laws governing
unsolicited commercial e-mail. Internet
providers would
be required to notify their customers of their
policies on
unsolicited e-mail, and would be able to sue customers for violations.
Protection
Against Scams on Seniors Act of 1999 (H.R. 612)
Telemarketing Fraud and
Seniors Protection Act (S. 699)
These companion bills were introduced by Rep. Robert A. Weygand
(D-RI) on February 4, 1999, and
Sen. Ron Wyden (D-OR) on March 24, 1999. They include a provision
authorizing the
FTC
to regulate advertising that uses the Internet, including the "initiation,
transmission, and receipt" of
unsolicited
commercial
e-mail.
The Wireless Telephone Spam Protection Act, introduced in
September 2000, would the prohibit use of wireless messaging systems to send
unsolicited
advertisements.
