|Received:||3/16/2004 6:12:51 PM|
|Agency:||Federal Trade Commission|
The Federal CAN-SPAM act, in its current form, does little to nothing to reduce the flood of e-mail "spam" messages that I receive, in fact, the volume has increased ten fold since the implementation of the act. There are numerous and significant faults, most notable being the lack of a private right of action, or PROA, such as that allowed under the Telephone Consumer Protection Act of 1991. That law was a model for allowing consumers to take care of these problems for themselves, and the resultant reduction of telemarketing, coupled with numerous "do-not-call" lists, both at the state and federal levels, have brought some control to this chaos. If you want to fix the CAN-SPAM Act, you must accomplish the following: 1. Get the Direct Marketing Association lobbyists, as well as their cohorts, out of the legislative process. They have managed to get the law amended, so watered down, that it is in fact a totally useless piece of legislation. 2. Read the TCPA - and provide for a private right of action. There are significant numbers of consumers who currently pursue unlawful telemarketers and junk faxers, and have reduced the level of their interference in our lives. If it can be done there, it can be done here. 3. The creation of a "National Do-Not-E-Mail" registry is mandatory for any of this to work. If there are significant punishments for violations of such a registry, then perhaps the elements who tie up staggering amounts of computer bandwidth, clog individual and corporate e-mails systems with their incessant touts for penis enlarging drugs, pornographic pictures and videos, and substances to enhance my sex life could be stopped in their tracks. E-mail is a wonder of technology, and, when properly used, is a boon to many. Unfortunately, a few are ruining it for the many. Let's get this problem fixed. I am personally engaging a campaign to have an anti-spam law enacted in the State of Georgia, similar to that of the State of Washington, that would create a state DNE registry, as well as provide for a private right of action. It should be a Class III felony, when coupled with willful, knowing, and aggravating circumstances. Let's get this fixed.