KRAMER VS. Email That's Spam
By IRWIN KRAMER
Congress spent a lot of time on the “Controlling the Assault of Non-Solicited
Pornography and Marketing Act.” It isn’t easy to create a statute that fits the
acronym, “CAN SPAM.” But three months after taking effect, we have only seen an increase in junk
emails offering us low cost Viagra, the keys to wealth, and ways to grow hair or
other parts of the anatomy. Even millionaires with great sex lives and all of
their own hair have seen an increase in offers for software designed to block
these unwanted ads. Why haven’t the spammers gone away? Because many of them already are away.
More than 40% of spammers hit the “send” button from foreign nations that don’t
ban spam. The rest have disguised themselves with bogus return addresses and
identities designed to dodge the long arm of the law. Congress gave its law a clever name, but left the details to bureaucrats
charged with the task of creating a national “Do-Not-Spam” list similar to their
“Do-Not-Call” registry. Sounds terrific, until you consider the wisdom of
handing spammers a convenient list of active email addresses that they may
exploit with impunity overseas. In the end, it is likely that technology, not law, will stem the tide of junk email. But, if our politicians really want to can spam, they ought to spend more time on the details of their bills than on the nifty names they give them.
The free legal information on the Can Spam Act, junk emails, the Federal Trade Commission's "Do Not Email" list, anti-spam laws, programs designed to stop spamming and deceptive e-mail marketing, FTC regulations banning spam mail and the use of bogus email addresses and other forms of identity fraud is provided for informational purposes only and does not constitute legal advice. In Maryland cases, readers are advised to
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