The new law gives ISPs more powers to filter out spam on their systems. Spam messages must be labelled as advertisements, in line with new rules Europe.
Previously, it was proposed that the US law would require this label to be drafted by the Federal Trade Commission and mandated for all those sending spam. This was amended to avert the risk of the law being challenged under the US First Amendment on freedom of speech.
An attorney for the US Centre for Democracy and Technology, Deirdre Mulligan, said that she is still concerned about a provision in the legislation that would allow ISPs to file claims in federal court against anyone sending spam who fails to adhere to ISP contractual language on spam. Mulligan said, “ISP policy shouldn’t become de facto federal law.”
In the UK, the first spamming legislation will be in the Consumer Protection (Conclusion of a Contract by Means of Distance Communication) Regulations 2000. The Regulations will provide that anyone receiving junk mail will be able to tell the person who sent it to them that they do not wish to receive such mail in the future.
A central register will be created whereby people will be able to opt out of receiving junk mail. It will be unlawful for anyone to send junk mail to anyone who has requested that you do not send junk mail to them or whose name appears on the central register.
The EU Directive on certain legal aspects of electronic commerce in the internal market also deals with spam. The EU Directive tackles the problem in a different way, similar to the new US position. Anyone sending commercial e-mail will be required to include within the e-mail header a statement that the e-mail consists of an advertisement.
The EU Directive also imposes obligations upon businesses in respect of the content which must be included within such communications.