[Ecommerce] Techdaily: Utah Lawmakers On Verge Of Passing Anti-Spam Law

[Manon Ress]

February 22, 2002 National Journal Technology Daily PM edition 
E-Commerce: Utah Lawmakers On Verge Of Passing Anti-Spam Law
by Maureen Sirhal 

Lawmakers and observers in Utah predict swift adoption of a measure
designed to curb the proliferation of junk e-mail, or spam, next week.
Introduced in January by Democratic Rep. Patrice Arent, the bill, H.B.
80, constitutes a bipartisan effort to reduce the amount of junk e-mail.
So far the bill "has very good support," Arent told National Journal's
Technology Daily. Utah's House passed the measure by a vote of 64-2 on
Jan. 25, and Arent said the Senate likely will pass it Monday. 

"There are a couple of people who did not understand it and voted
against in the committee," she said, but they have offered their support
since then. The legislature must act on the bill before the session ends
March 6. 

Under the measure, business or individuals who send unsolicited
commercial e-mail must identify themselves clearly and provide accurate
information in the header of their messages. The bill also would require
an "ADV" warning label in the messages' subject lines, clarifying that
the e-mails are advertisements, and consumers would have to be given an
easy way to opt out of future e-mails. 

"The bill doesn't solve every problem, but it's a start," Arent said.
"The bill doesn't stop anyone from sending anything." Arent argued that
it would provide a "tool" for consumers to police and stop spam. One
provision would allow recipients to sue spammers and collect $10 per
e-mail or $25,000 per day. 

Cognizant of the growing patchwork of state laws aimed at preventing
spam and of the potential for inconsistency, Arent modeled the bill
after similar laws in California and Washington. But she said she
introduced the measure in lieu of federal legislation. 
Thus far the measure has garnered major support from consumer groups,
and several technology sectors, including Internet service providers,
who have worked closely with legislators in crafting the measure, said
Richard Nelson, president of the Utah Information Technology
Association. 

"We've been very supportive of it," he said. It's an issue "that needs
to be addressed ... until there is [something] better from a federal
standpoint." Spam "is way out of hand," he added. "The bill is
reasonable, and as long as you have met someone or have some kind of
relationship with them, that's fine" to send them e-mail. The biggest
sticking point for groups and legislators who initially opposed the
measure involves criminal provisions the House added to the measure. But
Arent said the state Senate Business, Labor and Economic Development
Committee removed language that would have assigned criminal penalties
for certain violations of the bill. That revision should help gain the
votes for passage, Arent said.