For Immediate Release: April 22, 2003
Sen. Glenn Coffee
Governor Signs Bill Aimed at Canning Unwanted Computer Spam
State
Senator Glenn Coffee has
won approval from the governor on a bill aimed at unsolicited commercial
E-mails, also known as “spam.” Senate Bill 660 was signed
into law by Governor Brad
Henry on Tuesday.
“This is really a consumer protection measure. The Internet has
created a new way of staying in touch and sharing important information.
Unfortunately, having your inbox filled with dozens of unwanted sales
ads has turned this convenience into a headache for many users,”
explained Senator Coffee, R-OKC.
SB 660 makes it illegal to put false or misleading information in the
subject line or to use a third party’s Internet address or domain
name without their consent for the purpose of making it look like the
E-mail came from a third party. It also would require the sender to
include a working return E-mail address or toll-free phone number so
that individuals could request that they not receive any further spam
from that company or individual.
“Another problem we’re seeing now is not just the junk E-mails
for credit cards or loans, but ads containing some very explicit sexual
material. Even children get these sent to them. Unfortunately, you may
not realize it until after you’ve actually opened the E-mail.
That’s something we’ve addressed with SB 660,” said
Coffee.
The measure has a component requiring that any unsolicited E-mail containing
sexually explicit material or advertising sexually explicit goods or
services must include the letters “ADV-ADULT:” as the first
ten characters in the subject line.
Other commercial E-mail for other unsolicited products or services would
be required to use the characters “ADV:” at the beginning
of the subject line.
“In addition to making these violations a misdemeanor offense,
we’ve also allowed for recovery of court costs and damages for
anyone injured as a result of those violations. For example, let’s
say someone sends out an E-mail that makes it look as though it is from
another company’s domain, and that E-mail damages that company’s
reputation or results in lower profits. This law would allow them to
seek damages,” explained Coffee. The damages could be as high
as $25,000 per day.
The measure would exclude E-mails between individuals or between those
with previous business relationships. No charges or damages could be
sought against the E-mail service provider under the bill.
“Like I said, I really see this as a consumer protection bill,
much like the no-call registry created under the telemarketing law we
passed last year. E-mail is supposed to improve communications, not
turn it into a hassle because of spam,” said Coffee.
The new law takes effect on November 1, 2003.
For
more information, contact:
Senator Glenn Coffee
Assistant Republican Floor Leader
(405) 521-5636
