Spam proposal patterned after popular No Call

JEFFERSON CITY, Mo. -- Checking your e-mail these days can bring to mind a chant from an old Monty Python sketch: "Spam, Spam, Spam, Spam."

The overload of spam -- unsolicited and unwanted e-mail -- is frustrating to those who aren't interested in exciting and lucrative work-from-home opportunities, the latest can't-miss investment scheme or increasing the size of their naughty bits.

In response to public complaints, the MissouriLegislature is considering legislation intended to serve as a dam holding back the flood of spam.

The bill is modeled on the state's no-call list, which has been credited with greatly reducing annoying calls from telemarketers. Supporters of the proposed "no-spam" list envision the same success on the electronic front.

Carl Wagner, a regular Internet user who lives in Cape Girardeau, said the bill sounds like a good idea.

"I've had a couple of accounts I've shut down because I got so much spam," Wagner said. "I would say they should do that and have a crackdown on companies that sell e-mail addresses."

A state law passed in 2000 requires senders of unsolicited e-mail to include a return address so recipients can ask to be taken off the mailing list. However, there is no penalty for failure to do so. Also, the widespread belief is that responding to such opt-out invitations actually encourages more spam as it confirms the recipient's address is active.

The current no-spam measure cleared the House of Representatives by an overwhelming 149-11 margin. It was placed on the Senate debate calendar Thursday and is expected to be considered before lawmakers adjourn for the year on May 16.

As with the no-call list, Missourians could voluntarily have their e-mail addresses placed on the no-spam list, which would be established starting in 2005.

People who continued to receive unsolicited commercial e-mail could file complaints with the attorney general's office, which would administer the list. Violators could be fined up to $5,000 per message but no more than $25,000 a day.

Electronic marketing firms would be required to include labels in a message's subject line identifying it as an advertisement or pornography so such material could more effectively be blocked by filtering programs.

The Missouri Chamber of Commerce and other business groups oppose the measure because of concerns it would hamper legitimate communication with customers.

Harry Gallagher, a Statehouse lobbyist whose clients include the Missouri Financial Services Association and the Missouri Press Association, said a sweeping no-spam law is the wrong approach the problem.

"The Internet is still a developing tool," Gallagher said. "I get all kinds of spam, and it really is aggravating, but I think it is too early to put restrictions on businesses that are just learning how to use the Internet."

The day could come when Internet communication is a vital part conducting business, Gallagher said, and a no-spam law could interfere with that. He said improved filtering technology is probably the better solution.

Chang Law, Internet supervisor with Big River Telephone in Cape Girardeau, frequently fields customer complaints about spam and likes the bill being discussed. However, he questioned whether the state could effectively enforce it.

"The thing is, you have to have a legitimate e-mail address to track down who's sending the e-mail," Law said. "It's so hard to know who's sending it. Many people don't use legit e-mail."

Some opponents of the bill say that, in addition to being difficult to enforce with so many spamming operations based overseas and out of the reach of Missouri law, it could actually backfire by providing spammers a ready-made list of active e-mail addresses.

Attorney General Jay Nixon, a key booster of the bill, doesn't buy that line of attack.

"It is a made-up argument Microsoft has been shopping around the Capitol," Nixon said.

Approximately half the enforcement actions under the No Call law have been against out-of-state telemarketing companies, and that hasn't proved an impediment, Nixon said. In fact, with the electronic footprints e-mail leaves, Nixon said investigating spammers should be even easier.

Instead of being opposed, Nixon said business groups should embrace the bill as it would save employees countless hours currently spent dealing with unwanted messages. Unlike the No Call law, which is limited to residential phone customers, businesses could sign up for the no-spam list.

"Small businesses are screaming for this," Nixon said. "It would really make a big difference in the efficiency of businesses in Missouri."

The bill is HB 228.

mpowers@semissourian.com

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