Legal Issues - Bulk Mailing
Must Read -
This legislation fails in the most important aspect of any
anti-spam law in that it neglects to actually tell any marketers not
to spam. Instead, it gives each marketer in the United States one
free shot at each consumer's e-mail inbox and will force companies
to continue to deploy costly and disruptive anti-spam technologies
on company time and using company resources to block advertising
messages from reaching their employees. It also fails to learn from
the experiences of the United States and other countries that have
tried "opt-out" legal frameworks, where marketers must be asked to
stop to no avail. This bill does not stop a single spam from being
sent. It only makes spam slightly more truthful. It also gives a
federal stamp of approval to every legitimate marketer in the U.S.
to start using unsolicited e-mail as a marketing tool. Congress has
listened to the marketers and not to consumers and we have no faith
that this law will significantly reduce the amount of spam that
American internet users receive.
What does all this mean to us as Bulk
Simple. As long as we abide by the laws when sending bulk email
(most of us do already) we won't have a problem. This means adding a
few things to our emails that keep things on the up and up. It also
means that if you forge headers you are taking the risk of running
into problems for yourself. Forging headers is changing the
information in the header of your email so that it appears as if the
email came from somewhere other than where it really came from.
Remember: Forging headers is illegal.
To abide by the laws and safeguard yourself from any problems
involved with bulk mailing, please read the.
USA FEDERAL LAWS
Summary of bills introduced in 108th Congress
Anti-Spam Act of 2003 (H.R. 2515)
Ban on Deceptive Unsolicited Bulk Electronic Mail Act of 2003
Computer Owners' Bill of Rights
Criminal Spam Act of 2003 (S. 1293)
Reduction in Distribution of Spam Act of 2003 (H.R. 2214)
REDUCE Spam Act of 2003 (H.R. 1933)
Stop Pornography and Abusive Marketing Act (S. 1231)
Wireless Telephone Spam Protection Act
(Only the CAN-SPAM Act has been enacted.)
Laws for European and Other Countries
can be found
CAN-SPAM Act of 2003 (S. 877)
The Controlling the Assault of Non-Solicited Pornography and
Marketing Act requires unsolicited commercial e-mail messages to be
labelled (though not by a standard method) and to include opt-out
instructions and the sender's physical address. It prohibits the use
of deceptive subject lines and false headers in such messages. The
FTC is authorized (but not required) to establish a "do-not-email"
registry. State laws that require labels on unsolicited commercial
e-mail or prohibit such messages entirely are pre-empted, although
provisions merely addressing falsity and deception would remain in
place. The CAN-SPAM Act takes effect on January 1, 2004.
The CAN-SPAM Act of 2003 was introduced by Senators
Conrad R. Burns (R-MT) and
Ron Wyden (D-OR) in April 2003, with minor changes from the
previous year's version, S. 630 (2002). Two other bills ( S. 1231 and S. 1293 ) were subsequently merged into it. The final version
was approved by the Senate in November 2003 and by the House of
Representatives in December 2003, and was signed into law by
President Bush on December 16, 2003.