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SPAM Reference Dont be a FOOL; The Law is Not DIY


S.877 CAN-SPAM Act of 2003 | Public Law 108-187 pdf
Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003
A bill to regulate interstate commerce by imposing limitations and penalties on the transmission of unsolicited commercial electronic mail via the Internet. Sponsor: Sen Burns, Conrad R. [MT] (introduced 4/10/2003), Senate 5/2/03

Codified as

  • 15 USC 7701 et seq (FTC)
  • 18 USC 1037 Fraud and Related Activity in Connection with Electronic Mail (DOJ)
  • 47 USC 227(c) (FCC)
  • Legis History in sum: "S. 877 was introduced by Sen. Burns on April 10, 2003.  On October 22, 2003, the measure was agreed to in the Senate with an amendment by a vote of 97 - 0 (Record Vote Number: 404).  On November 22, 2003 (legislative day of November 21) the bill was agreed to by a vote of 392 - 5 (Roll No. 671).  On November 25, 2003, the Senate concurred in the House amendment with an amendment by unanimous consent.  On December 8, 2003, the House agreed to the Senate amendment to the House amendment without objection."

    Reps. Billy Tauzin (R-LA), Chairman of the House Energy and Commerce Committee, and John Dingell (D-MI), the Committee's ranking member released their versions of the Legislative History on Jan 28

    Hearing on the Unsolicited Commercial E-Mail 2001 (H.R. 95) Before the Senate Communications Subcommittee, Apr. 26, 2001

    149 Cong. Rec. H12186-02

    Cost Estimate "CBO estimates that implementing S. 877 would cost about $1 million in 2004 and about $2 million a year in 2005 and thereafter, assuming appropriation of the necessary amounts. CBO estimates that civil penalties collected as a result of enacting this bill would increase governmental receipts (revenues) by about $3 million a year when fully implemented (by 2005). The bill also would have additional effects on revenues and direct spending by imposing costs on banking regulators and by creating new criminal penalties. However, CBO estimates that those additional effects would be negligible."  CBO Cost Estimate for S 877

    Supremacy Clause:  Can SPAM Reporedly pre empts state SPAM laws.

    Blacklists: "(c) NO EFFECT ON POLICIES OF PROVIDERS OF INTERNET ACCESS SERVICE- Nothing in this Act shall be construed to have any effect on the lawfulness or unlawfulness, under any other provision of law, of the adoption, implementation, or enforcement by a provider of Internet access service of a policy of declining to transmit, route, relay, handle, or store certain types of electronic mail messages."

    FTC Studies:

  • Do not email registry (authorized but not required)
  • Special labeling of sexually explicit spam
  • Labelling of all spam
  • Bounty system to promote enforcement.
  • Report to Congress due in 2 years
  • Wireless SPAM: Sec. 14 of the Act gives authority to the FCC to do something about SPAM to wireless devices. The FCC must adopt rules implementing the Act within 9 months (end of September 2004).

    Other Relevant Laws




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