“Junk E-mail”: An Overview of Issues and Legislation Concerning Unsolicited Commercial Electronic Mail (“Spam”) Page: 2 of 6
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CRS-2
CRS Report RL30763, Telemarketing: Dealing with Unwanted Telephone Calls). Many
think there should be an analogous law for computers, or some method for letting a
consumer know before opening an e-mail message whether or not it is UCE and how to
direct the sender to cease transmission of such messages. At a November 3, 1999 hearing
of the House Commerce telecommunications subcommittee, a representative of SBC
Internet Services stated that 35% of all the e-mail transmitted over SBC's Internet systems
in its Pacific Bell and Southwestern Bell regions is UCE.
Opponents of junk e-mail argue that not only is junk e-mail annoying and an invasion
of privacy,2 but that its cost is borne by consumers, not marketers. Consumers reportedly
are charged higher fees by Internet service providers that must invest resources to upgrade
equipment to manage the high volume of e-mail, deal with customer complaints, and
mount legal challenges to junk e-mailers. Consumers also may incur costs for the time
spent reading and/or deleting such e-mail. Some want to prevent bulk e-mailers from
sending messages to anyone with whom they do not have an established business
relationship, treating junk e-mail the same way as junk fax. The Coalition Against
Unsolicited Commercial Email (CAUCE) [http://www.cauce.org] is one group opposing
spam. Its founder, Ray Everett-Church, is cited in the January 31, 2001 edition of
Newsday as saying that some Internet Service Providers (ISPs) estimate that spam costs
consumers about $2-3 per month.
Proponents of UCE argue that it is a valid method of advertising. The Direct
Marketing Association (DMA), for example, argues that instead of banning unsolicited
commercial e-mail, individuals should be given the opportunity to notify the sender of the
message that they want to be removed from its mailing list - or "opt-out." Hoping to
demonstrate that self regulation can work, in January 2000, the DMA launched a new
service, the E-mail Preference Service, where consumers who wish to opt out of receiving
UCE can register themselves at a DMA Web site [http://www.e-mps.org]. DMA
members sending UCE must check their lists of intended recipients and delete those who
have opted out via that Web site. Critics argue that most spam does not come from DMA
members, so the plan is insufficient.
To date, the issue of restraining junk e-mail has been fought primarily over the
Internet or in the courts. Some Internet service providers (ISPs) will return junk e-mail to
its origin, and groups opposed to junk e-mail will send blasts of e-mail to a mass e-mail
company, disrupting the company's computer systems. Filtering software also is available
to screen out e-mail based on keywords or return addresses. Knowing this, mass e-mailers
may avoid certain keywords or continually change addresses to foil the software, however.
In the courts, ISPs with unhappy customers and businesses that believe their reputations
have been tarnished by misrepresentations in junk e-mail have brought suit against mass
e-mailers.
Consumers may file a complaint about spam with the Federal Trade Commission
(FTC) by visiting the FTC Web site [http://www.ftc.gov] and scrolling down to
"complaint form" at the bottom of the page. The offending spam also may be forwarded
2 For more on Internet privacy issues, see CRS Report RL30784, Internet Privacy: An Analysis
of Technology and Policy Issues, and CRS Report RS20035, Internet Privacy-Protecting
Personal Information: Overview and Legislation.
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Smith, Marcia S. “Junk E-mail”: An Overview of Issues and Legislation Concerning Unsolicited Commercial Electronic Mail (“Spam”), report, November 6, 2001; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc816121/m1/2/?q=%22telecommunication%22: accessed April 25, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.