Can-Spam Concerns Cited

Washington

The Independent Insurance Agents & Brokers of America is concerned that the CAN-SPAM Act could affect the ability of trade associations to communicate with members.

However, 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 Alexandria, Va.-based IIABA. "It is crucial that we are able to communicate quickly, efficiently and cost-effectively with our membership."

Rep. Burrs 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.

President Bush signed the CAN-SPAM Act last week. Its aim is to control the unsolicited e-mail that is clogging computers across the country.

The law 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, it makes it a federal crime to gain access to a protected computer without authorization and use it to send multiple commercial e-mails.

The law 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 act does not require the FTC to actually set up a do-not-spam registry.


Reproduced from National Underwriter Property & Casualty/Risk & Benefits Management Edition, December 19, 2003. Copyright 2003 by The National Underwriter Company in the serial publication. All rights reserved.Copyright in this article as an independent work may be held by the author.


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