It emerged on Tuesday that US President George W. Bush has signed into law
the long awaited CAN-SPAM legislation (Controlling the Assault of Non-Solicited
Pornography and Marketing Act of 2003).
The new law, introduced in the Senate by Senators Conrad Burns (R-Mon) and
Ron Wyden (D-Ore) will come into force on January 1, 2004.
Under the terms of the bill, senders of unsolicited commercial e-mail are prohibited
from using a false return address, or a misleading subject line.
Such e-mails must contain a valid way for those who receive them to 'opt out'
of the mailing list, and must also contain the sender's physical address, as
well as a clear indication that the message contains advertising material.
In addition, spammers will now be explicitly prevented by law from harvesting
addresses from web sites, and from hacking into computers to disguise the actual
origin of unsolicited e-mails.
The bill also authorises the Federal Trade Commission (FTC) to establish a
'Do Not Spam' registry, similar to the 'Do Not Call' list recently established
for US citizens wishing to prevent telemarketing calls.
The legislation, when it comes into effect, will supersede 35 existing state
anti-spam laws.
In a statement, Senator Wyden welcomed the signing into law of the bill by
the President, and revealed that:
"Swift and aggressive enforcement will be essential, and Senator Burns
and I will continue to push the Federal Trade Commission and others to use the
tools this law gives them to fight against spam."