Unsolicited E-Mail May Be Regulated

Unsolicited E-Mail May Be Regulated
By Laurence Arnold
Associated Press Writer
Friday, May 15, 1998; 1:19 a.m. EDT

WASHINGTON (AP) -- For computer users weary of come-ons for pyramid schemes, weight-loss miracles and risque entertainment, Congress is considering a step toward regulating the flow of unsolicited commercial e-mail.

Whether it is a step in the right direction is a matter of debate.

The proposal by Sens. Robert Torricelli, D-N.J., and Frank Murkowski, R-Alaska, would force senders of unsolicited e-mail to provide a valid return address, and to honor replies from recipients who ask to be removed from mailing lists.

But activists in the fight against unsolicited e-mail -- ``spam'' to those who hate it -- say the legislation is weak and could backfire by encouraging more companies to market themselves via e-mail.

``The status quo is better than something that would legitimize junk e-mail,'' said Ray Everett-Church, a Washington lawyer who co-founded the Coalition Against Unsolicited Commercial E-mail.

The coalition prefers legislation sponsored by Rep. Chris Smith, R-N.J., that would outlaw all unsolicited commercial e-mail. The Smith proposal would allow recipients to seek $500 in damages for each unsolicited commercial message they receive.

Torricelli said he, too, would prefer to ban all junk mail. ``The problem is, it is doubtful the Smith alternative is constitutional,'' Torricelli said.

Smith's office responds that a similar ban on junk faxes has survived court challenge.

While they differ on tactics, all sides say they share the same goal: to give computer users relief from the relentless barrage of messages pitching ``fraudulent get-rich-quick schemes, unproven medical remedies and other unsavory solicitations,'' as Smith said in introducing his bill a year ago.

``It's getting worse every day,'' Torricelli said. ``I use my PC every day and rely on e-mail to communicate with my family and friends and for business. And the clutter is getting intolerable.''

If enacted into law, the Torricelli-Murkowski measure would require companies to comply when people ask that their e-mail addresses be removed from a mailing list. The Federal Trade Commission would be authorized to levy fines of up to $15,000 against companies that fail to comply.

The measure is part of a bill barring ``slamming'' -- the practice by which some phone companies switch customers' long-distance service without permission.

The slamming-spamming bill passed the Senate 99-0 this week. It now must be considered by the House.

Smith's proposed ban has gathered the support of 23 co-sponsors but has been stagnant for nearly a year in the House Commerce telecommunications subcommittee.