|Received:||3/22/2004 5:05:12 PM|
|Agency:||Federal Trade Commission|
1A2, 1E1 & 1E4: Most of the problems stem from spoofing software that disguises the true sender, allowing the sender to put anything in the "from" line. Compounded by ISPs who always have open relays that make it easier for spammers to route bogus e-mail, it would appear sensible to penalize those who send & those ISPs who provide open relays. It may be more cost effective to require e-mail software firms & ISPs to provide the capability to have only those e-mails appear at the end user's mail box for which valid & wanted addresses are on file in the user's account. Some software makers & ISPs provide this feature. Others provide the opt-out feature, which does nothing more than confirm the user's address is valid & will be targeted even more. Worse yet, it puts all the burden on the user to sort through all the sales pitches & filth instead of burdening the senders. Additionally, companies with whom people do business should not require users to accept a privacy agreement that specifies the user's information will or may be shared as part of the price of doing business with the company. Many of these agreements are ambiguous at best. Many of the ISPs have anti-SPAM violation policies & penalities so liberal as to be totally ineffective for end users. However, in the long run, no language placed into the Acts will mean anything if there's no meaningful enforcement teeth to force junk mailers, ISPs & others to comply.