Schumer led effort to create no-spam registry comparable to the

federal “do-not-call” list; Polls show 3 in 4 Americans want a no-spam registry

President Bush today signed anti-spam legislation authorizing the FTC to create a no-spam email registry modeled after US Senator Charles E. Schumer’s legislation. Schumer’s registry bill was included in the CAN SPAM bill that also imposes criminal penalties and fines on repeat spammers.  Schumer issued the following statement today:

“This bill signing marks a turning point in our battle against spam. For the first time there are criminal penalties and teeth to the law. We will be vigilant to make sure that the no-spam registry is adopted by the FTC and if they refuse, we believe Congress will move the legislation forward.

“The public will finally get some help in what up to now has been a lonely fight of individuals and companies fighting the scourge of spam.”

The bill requires the FTC to deliver a plan to Congress for creating a no-spam registry within six months and authorizes it to implement the plan within 9 months.  The public support for a no-spam registry is overwhelming and the FTC has already said it is technologically possible. Email spam is any form of unsolicited email that users receive from commercial sources. The most common forms of spam include advertisements for online gambling services, pornography, herbal remedies or financial schemes, many of which are fraudulent in nature.

A national survey, conducted by UnSpam and InsightExpress, shows that 3 in 4 Americans favor a no-spam registry.  The poll also showed that parents are growing increasingly concerned about email spam infested with pornography and think a federal “no-spam” list akin to the FTC’s “Do Not Call” registry is the best way to keep obscene emails from reaching their children’s in-boxes.

Schumer’s no-spam registry approach has been endorsed by the Christian Coalition and Unspam.

Schumer has been leading effort to create no-spam registry comparable to the

federal “do-not-call” list; Polls show 3 in 4 Americans want a no-spam registry

The Senate gave its stamp of approval today to US Senator Charles Schumer’s legislation authorizing the FTC to create a no-spam email registry. Schumer’s registry bill was included in the CAN SPAM bill that also imposes criminal penalties and fines on repeat spammers.  Schumer issued the following statement:

“With this bill, Congress is saying that if you’re a spammer, you could wind up in the slammer. Is this bill going to solve everything? No.  Will it make a real difference?  You betcha,” Schumer said. 

“There’s no single solution to solving the spam scourge but this bill takes a number of needed steps to help people reclaim their in-boxes, including the registry provision that I proposed a year ago as well as criminal penalties and fines for repeat spammers. The public will finally get some help curbing the onslaught of unwanted email that threatens the viability of the Internet,” Schumer added.

The bill requires the FTC to deliver a plan to Congress for creating a no-spam registry within six months and authorizes it to implement the plan within 9 months.  The public support for a no-spam registry is overwhelming and the FTC has already said it is technologically possible. Email spam is any form of unsolicited email that users receive from commercial sources. The most common forms of spam include advertisements for online gambling services, pornography, herbal remedies or financial schemes, many of which are fraudulent in nature.

A national survey, conducted by UnSpam and InsightExpress, shows that 3 in 4 Americans favor a no-spam registry.  The poll also showed that parents are growing increasingly concerned about email spam infested with pornography and think a federal “no-spam” list akin to the FTC’s “Do Not Call” registry is the best way to keep obscene emails from reaching their children’s in-boxes.

Schumer’s no-spam registry approach has been endorsed by the Christian Coalition, the Coalition Against Unsolicited Commercial Email (CAUCE), and Unspam.

Schumer has been leading the effort to create a no-spam registry comparable to the federal “do-not-call” list; Polls show 3 in 4 Americans want a no-spam registry

US Senator Charles Schumer today announced a deal on legislation authorizing the FTC to create a no-spam email registry. Schumer, who has been negotiating with Senators Hollings, McCain, L. Graham, Burns, Wyden and Dayton for months, helped broker the agreement that paved the way for the Senate to pass a law creating the first federal no-spam registry by a 97-0 margin last night.

“Americans scored their first major victory today in the effort to take the Internet back from spammers,” Schumer said. “This deal paves the way for the creation of a first-of-its-kind registry that will empower people to protect themselves from the onslaught of email clogging their in-boxes. The vast majority of Americans say they want a do‑not‑spam registry, and today the Senate is granting them their wish.”

The agreement requires the FTC to deliver a plan to Congress for creating a no-spam registry within six months and authorizes it to implement the plan within 9 months. The public support for a no-spam registry is overwhelming and the FTC has already said it is technologically possible. Email spam is any form of unsolicited email that users receive from commercial sources. The most common forms of spam include advertisements for online gambling services, pornography, herbal remedies or financial schemes, many of which are fraudulent in nature.

Last week, Schumer released a national survey, conducted by UnSpam and InsightExpress, showing that 3 in 4 Americans favor a no-spam registry. The poll also showed that parents are growing increasingly concerned about email spam infested with pornography and think a federal “no-spam” list akin to the FTC’s “Do Not Call” registry is the best way to keep obscene emails from reaching their children’s in-boxes.

Another 3 in 4 consumers believe spam makes checking their email a burden and complain that they are offended by some of the email they get. In addition, over 80% of the survey’s respondents report that they are less likely to read and respond to any commercial email messages because of spam. Schumer said other polls have shown that there is wide dissatisfaction with the efforts of the Internet Service Providers to combat spam and that almost 85% of people believe that laws are needed in addition to the efforts of the ISPs.

Earlier this year, Schumer introduced legislation that would establish costly fines for spamming activity, mandate jail time for repeat offenders, and create a “Do-Not-Spam” list of e-mail addresses similar to the FTC’s new “Do-Not-Call” registry that has succeeded in a number of states in virtually eliminating unwanted telemarketing calls. The bill would also make it a crime to harvest e-mail addresses, eliminating the most common technique spammers use to compile address lists. It would require commercial email to be labeled with “ADV” to permit filtering and institute other anti-fraud measures that would help email filters separate spam from personal or business-related email and clamp down on deceptive information that the FTC estimates is present in 66% of all junk e-mail.

Schumer’s no-spam registry approach has been endorsed by the Christian Coalition, the Coalition Against Unsolicited Commercial Email (CAUCE), and Unspam.

Survey also shows that 3 in 4 consumers would sign up for a federal no-spam registry; Poll shows continued support for Schumer’s legislation to create a “no-spam” list comparable to the federal “do-not-call” list

US Senator Charles E. Schumer released a new national survey today showing that parents are growing increasingly concerned about email spam infested with pornography and think a federal “no-spam” list akin to the FTC’s “Do Not Call” registry is the best way to keep obscene emails from reaching their children’s in-boxes. With the Senate expected to consider spam legislation in the next few weeks, Schumer said the study gives momentum to his efforts to ensure that his legislation to create such a registry is included in the bill.

“If parents can control what their kids watch on TV, they should be able to control what their children are exposed to on the Internet,” Schumer said. “We’ve got parental advisory notices on music and ratings for TV shows and movies to ensure that parents have the ability to keep their children from being exposed to inappropriate materials. So it’s baffling that there is no safeguard in place to ensure that parents can protect their kids from vulgar email. The emailing public has been at the mercy of spammers for way too long and this survey confirms that the public wants to be empowered to control what gets sent to their children’s in-boxes.”

The survey, conducted by UnSpam and InsightExpress, revealed that one‑quarter of the spam in personal email accounts is considered pornographic in nature ‑ a real issue for parents as almost 9 out of 10 (88%) say they are “seriously concerned” about their children receiving inappropriate email. To address the situation, 96% of parents are looking for the ability to block pornographic emails from reaching their children’s email accounts. In addition, 95% think children should be afforded special protections from spam and that anti-spam laws should protect children from receiving inappropriate emails. 93% believe that spammers should face enhanced penalties for sending inappropriate messages to children.

The survey also found that there is overwhelming public support for curbing the unsolicited commercial emails known as spam – 3 out of 4 consumers want a federal no-spam registry and would sign up if such a registry were available. Another 3 in 4 consumers believe spam makes checking their email a burden and complain that they are offended by some of the email they get. In addition, over 80% of the survey’s respondents report that they are less likely to read and respond to any commercial email messages because of spam.

Schumer said he expects the survey to bolster the arguments he has been making for a more comprehensive approach to dealing with email spam, including the creation of an no spam registry. He highlighted that the survey points out that there is wide dissatisfaction with current efforts to combat spam and that almost 85% of the survey’s respondents believe laws are needed in addition to the efforts of the Internet Service Providers. He noted that 3 in 4 of the survey’s respondents support the strictest possible legislation.

“Spam is having a measurable and negative impact on Americans and their children’s everyday lives,” said Lee Smith, President and Chief Operating Officer, InsightExpress. “These results reflect the voice of the everyday American and should be illuminating as Congress debates the merits of controlling unsolicited email.”

Schumer said the survey’s findings bode well for his legislation. “The support for a federal no-spam list is strong enough that I don’t think the public is going to be sympathetic to claims that it is hard to do,” Schumer said. “Americans want a solution to the spam plague that has teeth. They don’t want a half-way measure that fails to do something.”

Schumer’s legislation would establish costly fines for spamming activity, mandate jail time for repeat offenders, and create a “Do-Not-Spam” list of e-mail addresses similar to the FTC’s new “Do-Not-Call” registry that has succeeded in a number of states in virtually eliminating unwanted telemarketing calls. The bill would also make it a crime to harvest e-mail addresses, eliminating the most common technique spammers use to compile address lists. It would require commercial email to be labeled with “ADV” to permit filtering and institute other anti-fraud measures that would help email filters separate spam from personal or business-related email and clamp down on deceptive information that the FTC estimates is present in 66% of all junk e-mail.

“Spam is not just a little nuisance, it’s an epidemic, and getting rid of it for good is not as simple as just hitting the delete button once or twice,” Schumer said. “If nothing is done to deal with this problem, the miracle of the Internet is going to be undone. My bill checks spam at the source and would send those who persist in sending it to jail. If that’s not a strong enough deterrent, I don’t know what is.”

The Senate is expected to consider e-mail spam legislation before it recesses for the year. Schumer is expected to try and include his proposals in the final version of whatever bill comes out of Congress. His legislation has been endorsed by the Christian Coalition, the Coalition Against Unsolicited Commercial Email (CAUCE), and Unspam and is being co-sponsored by Senator Lindsey Graham.

Schumer’s Stop Pornography and Abusive Marketing Act (The SPAM Act) would establish costly fines for spamming activity, mandate jail time for repeat offenders, and create a “Do-Not-Spam” list of e-mail addresses similar to the FTC’s new “Do-Not-Call” registry that has succeeded in a number of states in virtually eliminating unwanted telemarketing calls. The bill would also make it a crime to harvest e-mail addresses, eliminating the most common technique spammers use to compile address lists. It would require commercial email to be labeled with “ADV” to permit filtering and institute other anti-fraud measures that would help email filters separate spam from personal or business-related email and clamp down on deceptive information that the FTC estimates is present in 66% of all junk e-mail.

Schumer’s bill is being cosponsored by Senator Lindey Gramm and has been endorsed by the Christian Coalition.

Pornographic pictures appear in 1 out of every 5 spams; 1 in 5 kids are sexually solicited on the Internet; and 1 in 4 had an unwanted exposure to obscene pictures

US Senator Charles Schumer and Christian Coalition President Roberta Combs announced today that the Christian Coalition is endorsing Schumer’s Stop Pornography and Abusive Marketing Act (The SPAM Act), legislation aimed at cracking down on pornographic email spam that is sent to children. Internet and email use among children has skyrocketed over the last few years, with America Online and MSN reporting millions of child users.

“The avalanche of pornography being sent to kids by spammers makes checking email on par with watching an X-rated movie. Parents need to be able to keep offensive material out of the family room and I’m working with the Christian Coalition to do just that,” Schumer said. “The bottom line is that America’s children have been under attack for a long time – from violent TV shows, racy music videos, and now pornographic spam. The v-chip gave parents control of the TV. My SPAM Act will give them control over the computer.”

“I stand side-by-side with Senator Schumer in the fight against pornographic email,” Combs said. “Parents need the ability to keep their children from being subjected to lewd material and Schumer’s legislation will do just that. I am proud to stand with Chuck on this issue and we will continue to work together until this bill is law.”

Purveyors of spam have exploited the popularity of the Internet and e-mail to gain access to millions of consumers from all sectors of the population, advertising everything from herbal remedies to get-rich-quick schemes to adult web sites. The traffic in explicit images is particularly acute according to the Federal Trade Commission (FTC), which reports that pornographic pictures appear in almost one out of every five emails that spammers use to advertise adult web sites. Many of these explicit images reach the in-boxes of millions of young e-mail users.

In a June 2003 survey by the California-based Internet security firm Symantec, 47% of children reported receiving junk email with links to pornographic web sites. According to the National Center for Missing and Exploited Children, one in five kids between the ages of 10 and 17 are sexually solicited on the Internet, and one in four had an unwanted exposure to pictures of naked people or people having sex – but only 40% of these children told a parent.

According to a 2001 Department of Commerce study, 75 percent of 14-17 year olds and 65 percent of 10-13 year olds use the Internet. The same survey also found that forty-five percent of the population now uses email, up from 35 percent in 2000, including millions of children. As of November 2002, America Online had 16 million screen names limited by parental controls while MSN, the operator of the popular free e-mail site www.hotmail.com, had an estimated 3.6 million subscribers under the age of 18.

Schumer and Combs said that the implications of these studies are disturbing: parents are not only powerless to prevent such imagery from being sent to their children’s in-boxes, they also often do not know about it in the first place. As a result, parents are unable to take the necessary steps to keep their children from being exposed to these kinds of materials and have an even harder time playing a meaningful role in the lives of their children.

Schumer’s legislation would establish costly fines for spamming activity, mandate jail time for repeat offenders, and create a “Do-Not-Spam” list of e-mail addresses similar to the FTC’s new “Do-Not-Call” registry that has succeeded in a number of states in virtually eliminating unwanted telemarketing calls. The bill would also make it a crime to harvest e-mail addresses, eliminating the most common technique spammers use to compile address lists. It would require commercial email to be labeled with “ADV” to permit filtering and institute other anti-fraud measures that would help email filters separate spam from personal or business-related email and clamp down on deceptive information that the FTC estimates is present in 66% of all junk e-mail.

“My bill fights spam email on two fronts – it gives parents the ability to regulate the email sent to their kids and gives law enforcement the ability to go after those spammers that send this unwanted material out,” Schumer said. “I’m grateful for the unfailing support the Christian Coalition has given my plan. President Combs and I have sat down and positively discussed the urgent need to curb email spam. I know she will be a strong ally in getting this bill enacted into law.”

Schumer bill would create no-spam registry like effective do-not-call registries that have stopped telemarketers and would impose tough criminal and civil penalties on spammers

An international treaty is needed to battle email spam, US Senator Charles E. Schumer said at a Senate Commerce Committee hearing today on how to curtail unsolicited emails. Schumer is assembling a comprehensive legislative package to combat spam that would create a “no-spam” list comparable to the “do-not-call” lists that successfully block telemarketers. Schumer’s bill would subject mass-emailers, for the first time ever, to tough criminal and civil penalties – including jail time for serious repeat offenders. The following is Schumer’s written testimony to the Committee:

Chairman McCain, Senator Hollings, Colleagues, Good Morning. I want to thank you for holding this hearing to address Unsolicited Commercial E-Mail or Spam. I also want to commend Senators Burns and Wyden for their leadership and hard work on this issue.

We are under siege. Armies of online marketers have overrun email inboxes across the country with ads for herbal remedies, get-rich-quick schemes and pornography. Today, spam traffic is growing at a geometric rate, causing the Superhighway to enter a state of virtual gridlock. What was a simple annoyance last year has become a major concern this year and could cripple one of the greatest inventions of the 20th century next year if nothing is done.

Way back in 1999, the average email user received just 40 pieces of unsolicited commercial email – what we call spam – each year. This year, the number is expected to pass 2,500. I know that I’m lucky if I don’t get 40 pieces of spam every couple of days!

As a result, a revolution against spam is brewing as the epidemic of junk email exacts an ever increasing toll on families, businesses and the economy. A number of us in the Senate have proposed legislation aimed at curbing the spread of spam. I have proposed a no-spam list, criminal penalties for spammers, and several other initiatives geared toward reducing the number of unwanted emails we get in our inboxes.

Citing recent FTC study showing that 66% of spam is fraudulent, Schumer says e-consumers face a greater risk of being ripped off by junk e-mail offers

US Senator Charles E. Schumer today urged the Federal Trade Commission (FTC) to issue a consumer advisory alert, warning all consumers to be wary of products advertised through the unsolicited commercial e-mail known as spam. Schumer, who is proposing landmark anti-spam legislation, cited a recent FTC report showing that 66% of email spam is fraudulent in order to illustrate the dangers consumers face when purchasing products advertised by spam.

“When it comes to e-mail spam, don’t believe the hype,” Schumer said. “When two-thirds of these unsolicited e-mails are deceptive or fraudulent, the odds are you are getting ripped off. Consumers must know that, more often than not, what you see is not what you get.”

In a letter being sent to FTC Chairman Timothy Muris today, Schumer wrote, “Given our current inability to stop the millions of pieces of fraudulent spam traffic that are sent each day, consumers must be made of aware of the risks inherent in purchasing products from advertisements that are more likely fraudulent than not. An FTC consumer advisory alert would be the perfect means to do this while also providing a valuable stopgap until new anti-spam legislation can be enacted.”

Currently the only federal restrictions on email spam are general criminal and civil fraud prohibitions that can result in fines by the FTC and prosecution by the Department of Justice (DOJ) as penalties. The vast majority of spam, however, does not fit the legal definition for fraud, leaving law enforcement officials with little or no means to stop it. This is problematic because the Direct Marketing Association (DMA) reports that 37% of consumers have bought a product as a result of these e-mails, meaning that many consumers may have been potentially taken in by the false claims behind these electronic ads.

With spam now accounting for over 40% of all Internet traffic, Schumer is put together a new, comprehensive legislative package to combat spam. Schumer’s plan would establish costly fines for spamming activity, mandate jail time for repeat offenders, and create a “Do-Not-Spam” list of e-mail addresses similar to the FTC’s new “Do-Not-Call” registry that has succeeded in a number of states in virtually eliminating unwanted telemarketing calls.

The Schumer plan would also make it a crime to harvest e-mail addresses, eliminating the major technique spammers use to compile their address lists, and institute expansive anti-fraud measures that would help e-mail filters easily separate spam from personal or business-related email and clamp down on deceptive information that the FTC estimates is present in 66% of all junk e-mail.

“Spam is not just a little nuisance, it’s an epidemic, and getting rid of it is not as simple as hitting the delete button. Spam costs millions of dollars per year and hurts businesses large and small,” Schumer said. “As more and more communication is done through email, the cost of spam is only going to grow and grow. My plan blocks spam at the source and for the first time imposes serious penalties for the people and companies that send it.”

For more information on Schumer’s proposal, go to www.schumer.senate.gov.

Schumer will also release a study showing New York was inundated with record levels of spam this year 

US Senator Charles E. Schumer today unveiled comprehensive legislation to combat spam – unwanted bulk emails often sent from a fake or misleading email address.  For the first time, mass-emailers will be subject to tough criminal and civil penalties – including jail time for serious repeat offenders.  He also detailed a new study finding New York City residents  receive 8.25 million junk emails a day and spend 4.2 million hours a year eliminating spam messages.

The Federal Trade Commission will be holding a special spam summit this week with AOL, Yahoo, Microsoft and other Internet companies on ways to control spam. Schumer will also discuss his legislation at that summit on Wednesday afternoon at 1:30PM.

“Spam is not just a little nuisance, it’s an epidemic, and getting rid of it is not as simple as hitting the delete button.  Spam costs millions of dollars per year and hurts businesses large and small,” Schumer said.  “As more and more communication is done through email, the cost of spam is only going to grow and grow.  My plan blocks spam at the source and for the first time imposes serious penalties for the people and companies that send it.”

Email spam is any form of unsolicited email that users receive from commercial sources. Among the most common forms of spam are advertisements for online gambling services, pornography, herbal remedies or financial schemes, many of which are fraudulent in nature.

According to the Radicati Group, a California‑based market research group, 5.7 million people in New York State – 30% of the population – have access to email either through their home or workplace.  This includes 2.75 million in New York City.  In New York City, 1.51 million of these email accounts are business-related and 1.24 million are for personal use.

 New law would also create no-spam registry like highly-effective do-not-call registries have stopped telemarketers

Senator will demonstrate how much unsolicited spam comes in a single day

US Senator Charles E. Schumer today released a new study finding New York City residents  receive 8.25 million junk emails a day and spend 4.2 million hours a year eliminating spam messages.  Schumer also unveiled comprehensive legislation to combat spam – unwanted bulk emails often sent from a fake or misleading email address.  For the first time, mass-emailers will be subject to tough criminal and civil penalties – including jail time for serious repeat offenders.

“Spam is not just a little nuisance, it’s an epidemic, and getting rid of it is not as simple as hitting the delete button.  Spam costs New Yorkers millions of dollars per year and hurts businesses large and small,” Schumer said.  “As more and more communication is done through email, the cost of spam is only going to grow and grow.  My plan blocks spam at the source and for the first time imposes serious penalties for the people and companies that send it.”

Email spam is any form of unsolicited email that users receive from commercial sources. Among the most common forms of spam are advertisements for online gambling services, pornography, herbal remedies or financial schemes, many of which are fraudulent in nature.

According to the Radicati Group, a California‑based market research group, 5.7 million people in New York State – 30% of the population – have access to email either through their home or workplace.  This includes 2.75 million in New York City.  In New York City, 1.51 million of these email accounts are business-related and 1.24 million are for personal use.

The population of email users – and spam-receivers – in New York City is almost as large as the entire population of Chicago, the third‑largest city in the United States.

According to Ferris Research, the average email user received 3 pieces of spam email each day in 2002, meaning that email users in New York City received 8.25 million junk emails each day or over 3 billion per year.  Assuming it takes five seconds to identify and delete each piece of spam, New Yorkers spend 4.2 million hours ridding themselves of junk mail each year.

Jupiter Research estimates that the average email user received 40 spam messages in all of 1999.  That number will grow to 1,600 in  2005 if no significant changes are made.

Schumer said that because much if not most spam is overtly sexual in nature, many parents – including he and his wife – feel it is particularly important to find a way to block spam in their children’s email accounts.   Under Schumer’s plan, parents will be able to register their children’s email addresses to make sure they no longer receive inappropriate solicitations

“I have two daughters – including one still in junior high school – who use email every day for school and to talk to their friends.  Some of the unsolicited messages they get are selling products or services that are appalling and utterly inappropriate for young women their age, and like most parents I want to protect them from this,” Schumer said.

Schumer was joined today by two New Yorkers: Jack Mitchell, who is a teacher at William Cullen Bryant High School in Queens and Mona Bergman, a retiree from Brooklyn Heights who has repeatedly sought help from her internet service provider to deal with spam with no results.

The new Schumer legislation will fight spam by:

• Establishing New No-Spam Registries: The Federal Trade Commission and many states including New York have created no-call registries that prevent telemarketers from calling individuals who do not wish to be contacted.  The FTC expects the no-call registry to reduce unwanted telemarketing calls by 80% and New York’s registry already has 2 million people listed.  Under Schumer’s new law,  the FTC will establish  a “no-spam” list available in its website so people can register their email addresses.  Commercial emailers will be required to check the list before they send mass-email.  The FTC will take appropriate measures to safeguard the security of this list so computer hackers cannot access it.
• Requiring Mandatory Subject Line Identification: Many email users do not realize they have received spam until they have wasted valuable time opening and reading it.  Despite the best efforts of programmers working for email providers to develop effective junk-email filters, many messages still get through.  The Schumer legislation will require all commercial mass-emails and advertisements to have the letters “ADV” in the subject line indicating that it contains a message with commercial content.
• Requiring Full Disclosure in Email Headers and Addresses: Many spammers deliberately use counterfeit addresses, fraudulent domain names, and fake routing information to hide the source of the email.  For instance, many spammers send emails that appear to be from America Online accounts but are from entirely different systems.  Other spammers use  misleading subject lines in their emails to trick readers into opening them.  The Schumer legislation will require subject lines and headers to accurately reflect both the source and content of the email message.
• Providing Real “Unsubscribe” Mechanisms and Enforcing Usage: The Schumer legislation would require commercial emailers to provide an “unsubscribe” feature so recipients can opt out of receiving future messages.  While some reputable commercial emailers already do this, many spammers trick recipients by providing what appear to be “unsubscribe” options that in fact put you on lists for new spam.  The Schumer legislation would prohibit this and impose penalties for such deception.
• Banning Automated Email Address Harvesting:  Internet users make themselves vulnerable to spam by exposing their email address to online marketers through web sites, news groups, chat rooms, mailing lists and other public sources. Spammers use software called “spam bots” to harvest email addresses from these public areas.  These programs automatically “crawl” the web and locate and record these harvested email addresses into a database to be used for mass junk mailings.  Internet users may also unwittingly make their email address available to spammers by signing up for online services or mailings on certain sites which in turn sell their email databases to spammers.  The new Schumer legislation bans this automated harvesting.  These provisions of the new Schumer legislation are modeled on the  successful federal legislation that has virtually eliminated unsolicited auto-dial mass faxes that once plagued homes and businesses.
• Imposing Stiff Penalties for Non-Compliance: In order to make spammers comply with the new rules, the new Schumer legislation  will enact stiff civil and criminal penalties even prison time for severe repeat offenders.  Specifically, the Schumer legislation proposes criminal penalties up to two years in prison and fines to be determined by the sentencing judge.  The Schumer legislation will also give state attorneys general, the FTC,  and internet service providers the right to seek civil penalties against spammers for the amount of damages caused by the spam and penalties of $5,000.
• ·                      Providing Funds to Establish Registry and for Enforcement: The Schumer legislation will authorize appropriations of $75 million for the establishment and maintenance of the registry as well as the related FTC enforcement activities beyond those already funded.  The Schumer legislation will also direct all penalties won in suits against spammers brought by the FTC will go to future enforcement activities.

The only current federal restrictions on email spam are the general criminal and civil fraud prohibitions.  The FTC currently works with law enforcement to combat fraudulent email scams, but the vast majority of spam does not fit the legal definition for fraud and is therefore beyond current law.  Given federal, state, and local  law enforcement’s  focus on preventing terrorism and their limited resources, they simply cannot meet keep up with spam.

Email spam is prolific because it is cheap compared to other forms of direct marketing. Spammers can buy lists of millions of email addresses for a few hundred dollars.  It costs next to nothing to send hundreds of thousands of email solicitations to those addresses.

“Legitimate companies have nothing to lose and everything to gain from this legislation,” Schumer said.  “Right now people delete the legitimate commercial email that comes along with the spam – by eliminating the spam they will have the time to pay attention to the messages that were sent only to them.  These are simple ways to put the brakes on email spam.  People can go to a secure government website, enter their email address and watch their flow of spam slow to a trickle and hopefully stop altogether.”