Re: i'm afraid this is a new one for me:

Karee Swift (karee@tstonramp.com)
Sat, 20 Nov 1999 13:30:00 -0800


>I knew that this is law in CA (California Code 17538.4,
>http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=28123682+0+0+0&WAISact
ion=retrieve)
>I researched it because I got junk faxes, and that is actually legal as
long as they
>include a phone #:
><< (1) In the case of a fax, that person or entity establishes a
>toll-free telephone number that a recipient of the unsolicited faxed
>documents may call to notify the sender not to fax the recipient any
>further unsolicited documents.
> (2) In the case of e-mail, that person or entity establishes a
>toll-free telephone number or valid sender operated return e-mail
>address that the recipient of the unsolicited documents may call or
>e-mail to notify the sender not to e-mail any further unsolicited
>documents.
>>>
>
>I vaguely remember reading about a proposed bill like this in Congress, but
I wasn't
>aware that they passed anything. And a search at http://thomas.loc.gov/
reveals
>that these spammers are just lying anyway (what did you expect):
>Bill S.1618 is the "Medicare Wellness Act of 1999", introduced by the 106th
Congress.
>There is nothing at all in there about spam.
>
>-JoeF

Au contrare,

I saw that too. Now go back to 105th congress ( you were looking in the
106th), and you'll realize there was a magical little bill called the
'Anti-Slamming Amendments act'. The bill was sponsored by Sen. McCain and
was meant as an addition to the 1934 Communications Act (that was news to
me) and under Title III it states specifically about spamming. I have it
listed below. The address (found off of thomas btw) is:
http://thomas.loc.gov/cgi-bin/query/D?c105:4:./temp/~c105NeUIvx:e32990:

This happens to be one of the most sneaky little bills that i've seen in
some time. But now I at least know what to do when I track down the addies
of the little spam filled buggers. ISPs get so annoyed with legislation.
And people tend to be frightened by 15k fines.

--BB

TITLE III--SPAMMING

SEC. 301. REQUIREMENTS RELATING TO TRANSMISSIONS OF UNSOLICITED COMMERCIAL
ELECTRONIC MAIL.

(a) INFORMATION TO BE INCLUDED IN TRANSMISSIONS-

(1) IN GENERAL- A person who transmits an unsolicited commercial electronic
mail message shall cause to appear in each such electronic mail message the
information specified in paragraph (2).

(2) COVERED INFORMATION- The following information shall appear at the
beginning of the body of an unsolicited commercial electronic mail message
under paragraph (1):

(A) The name, physical address, electronic mail address, and telephone
number of the person who initiates transmission of the message.

(B) The name, physical address, electronic mail address, and telephone
number of the person who created the content of the message, if different
from the information under subparagraph (A).

(C) A statement that further transmissions of unsolicited commercial
electronic mail to the recipient by the person who initiates transmission of
the message may be stopped at no cost to the recipient by sending a reply to
the originating electronic mail address with the word `remove' in the
subject line.

(b) ROUTING INFORMATION- All Internet routing information contained within
or accompanying an electronic mail message described in subsection (a) must
be accurate, valid according to the prevailing standards for Internet
protocols, and accurately reflect message routing.

(c) EFFECTIVE DATE- The requirements in this section shall take effect 30
days after the date of enactment of this Act.

SEC. 302. FEDERAL OVERSIGHT OF UNSOLICITED COMMERCIAL ELECTRONIC MAIL.

(a) TRANSMISSIONS-

(1) IN GENERAL- Upon notice from a person of the person's receipt of
electronic mail in violation of a provision of section 301 or 305, the
Commission--

(A) may conduct an investigation to determine whether or not the electronic
mail was transmitted in violation of such provision; and

(B) if the Commission determines that the electronic mail was transmitted in
violation of such provision, may--

(i) impose upon the person initiating the transmission a civil fine in an
amount not to exceed $15,000;

(ii) commence in a district court of the United States a civil action to
recover a civil penalty in an amount not to exceed $15,000 against the
person initiating the transmission;

(iii) commence an action in a district court of the United States a civil
action to seek injunctive relief; or

(iv) proceed under any combination of the authorities set forth in clauses
(i), (ii), and (iii).

(2) DEADLINE- The Commission may not take action under paragraph (1)(B) with
respect to a transmission of electronic mail more than 2 years after the
date of the transmission.

(b) ADMINISTRATION-

(1) NOTICE BY ELECTRONIC MEANS- The Commission shall establish an Internet
web site with an electronic mail address for the receipt of notices under
subsection (a).

(2) INFORMATION ON ENFORCEMENT- The Commission shall make available through
the Internet web site established under paragraph (1) information on the
actions taken by the Commission under subsection (a)(1)(B).

(3) ASSISTANCE OF OTHER FEDERAL AGENCIES- Other Federal agencies may assist
the Commission in carrying out its duties under this section.

SEC. 303. ACTIONS BY STATES.

(a) IN GENERAL- Whenever the attorney general of a State has reason to
believe that the interests of the residents of the State have been or are
being threatened or adversely affected because any person is engaging in a
pattern or practice of the transmission of electronic mail in violation of a
provision of section 301 or 305, the State, as parens patriae, may bring a
civil action on behalf of its residents to enjoin such transmission, to
enforce compliance with such provision, to obtain damages or other
compensation on behalf of its residents, or to obtain such further and other
relief as the court considers appropriate.