Some Insurer Concern As Bush Signs Anti-Spam Act
By Steven Brostoff, Washington Editor
NU Online News Service, Dec.16, 3:16 p.m. EST, Washington?President Bush signed the CAN-SPAM Act today, the legislation aimed at beginning to control the unsolicited e-mail that is clogging computers across the country.[@@]
The legislation makes it a federal crime to send false or misleading transmission information, to use deceptive subject headings, and to continue to send spam to a recipient who has asked that it be stopped.
In addition, the legislation makes it a federal crime to gain access to a protected computer without authorization and use it to send multiple commercial e-mails.
The legislation also directs the Federal Trade Commission to develop a plan and timetable for establishing a national do-not-spam registry similar to the do-not-call registry targeting telemarketers.
However, the legislation does not require the FTC to actually set up a do-not-spam registry.
The Independent Insurance Agents and Brokers of America, Alexandria, Va., had expressed concern that the CAN-SPAM Act could affect the ability of trade associations to communicate with members.
Rep. Richard Burr, R-N.C., said in a statement on the floor of the House that the legislation is not intended to affect trade association communications.
"IIABA is very pleased with this common-sense solution," said Maria Berthoud, senior vice president of government affairs with IIABA.
"It is crucial that we are able to communicate quickly, efficiently and cost-effectively with our membership," she said.
Rep. Burr's statement could serve as evidence of Congressional intent should a trade association be challenged for allegedly violating the CAN-SPAM Act.
However, the statement is not part of the statutory text and does not have the force of law.
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