"Junk E-mail": An Overview of Issues and Legislation Concerning Unsolicited Commercial Electronic Mail ("Spam") Page: 2 of 21
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"Junk E-Mail": An Overview of Issues and
Legislation Concerning Unsolicited
Commercial Electronic Mail ("Spam")
Summary
Unsolicited commercial e-mail (UCE), also called Spamm" or "junk e-mail,"
aggravates many computer users. Not only can spam be a nuisance, but its cost may
be passed on to consumers through higher charges from Internet service providers
who must upgrade their systems to handle the traffic. Also, some spam involves
fraud, or includes adult-oriented material that offends recipients or that parents want
to protect their children from seeing. Proponents of UCE insist it is a legitimate
marketing technique that is protected by the First Amendment. While 34 states have
anti-spam laws, there is no federal law specifically concerning spam. Nine "anti-
spam"bills are pending in the 108th Congress: H.R. 1933 (Lofgren), H.R. 2214 (Burr-
Tauzin-Sensenbrenner), H.R. 2515 (Wilson), S. 563 (Dayton), S. 877 (Burns-
Wyden), S. 1052 (Nelson-FL), S. 1231 (Schumer), S. 1293 (Hatch), and S. 1327
(Corzine). Tables providing brief "side-by-side" comparisons of the bills are
included in this report.
Spam on wireless devices such as cell phones is discussed in CRS Report
RL31636, Wireless Privacy: Availability of Location Informationfor Telemarketing.
State spam laws, and an existing federal law (the Computer Fraud and Abuse statute)
that is being used by some Internet Service Providers to bring suit against spammers,
are discussed in CRS Report RL31488, Regulation of Unsolicited Commercial E-
Mail.This report will be updated as events warrant.
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Smith, Marcia S. "Junk E-mail": An Overview of Issues and Legislation Concerning Unsolicited Commercial Electronic Mail ("Spam"), report, June 25, 2003; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metacrs5508/m1/2/: accessed May 7, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.