The new law gives ISPs more powers to filter out spam on their
systems. Spam messages must be labelled as advertisements, in line
with new rules Europe.
Previously, it was proposed that the US law would require this
label to be drafted by the Federal Trade Commission and mandated
for all those sending spam. This was amended to avert the risk of
the law being challenged under the US First Amendment on freedom of
speech.
An attorney for the US Centre for Democracy and Technology,
Deirdre Mulligan, said that she is still concerned about a
provision in the legislation that would allow ISPs to file claims
in federal court against anyone sending spam who fails to adhere to
ISP contractual language on spam. Mulligan said, “ISP policy
shouldn’t become de facto federal law.”
In the UK, the first spamming legislation will be in the
Consumer Protection (Conclusion of a Contract by Means of Distance
Communication) Regulations 2000. The Regulations will provide that
anyone receiving junk mail will be able to tell the person who sent
it to them that they do not wish to receive such mail in the
future.
A central register will be created whereby people will be able
to opt out of receiving junk mail. It will be unlawful for anyone
to send junk mail to anyone who has requested that you do not send
junk mail to them or whose name appears on the central
register.
The EU Directive on certain legal aspects of electronic commerce
in the internal market also deals with spam. The EU Directive
tackles the problem in a different way, similar to the new US
position. Anyone sending commercial e-mail will be required to
include within the e-mail header a statement that the e-mail
consists of an advertisement.
The EU Directive also imposes obligations upon businesses in
respect of the content which must be included within such
communications.
