Washington State serves up anti-spam bill

March 27, 1998
Web posted at: 2:15 PM EST (1415 GMT)

(CNN) -- Washington Governor Gary Locke has signed legislation curbing unsolicited commercial bulk e-mail. It’s one of the first anti-spam laws designed to restrict, if not eliminate, what most e-mail users see as a nuisance.

Taking effect in 90 days, the new law will make it illegal for bulk e-mailers to send messages that hide their point of origin, mask the transmission path or put misleading information in the e-mail’s subject line.

The law bans sending e-mail with such deceptive information from computers located in Washington to electronic addresses held by Washington residents. It puts the burden on the sender to determine if the recipient lives in the state.

Individuals who receive junk e-mail can collect up to $500 per violation. Internet service providers can collect up to $1,000 in damages if spam mail slows down access to customers.

“It’s a first step to deal with an issue that will only get worse”, says Janice Mariche, spokesperson for the Washington State Attorney General. “There are going to be some challenges to enforce this law, but that’s our job and we believe this law is important to protect consumers”.

Mariche says the state will pursue a plan to educate businesses and consumers about the law, which also calls for the creation of a three-member task force to look at technical, legal and cost considerations surrounding it.

The Washington Association of Internet Service Providers supported a stronger version of the bill that flatly banned spamming -- unless the recipient had requested or consented to receive the electronic solicitations.

The Direct Marketing Association and Microsoft lobbied against that version of the bill, saying its language was ambiguous and might have prevented companies from developing new markets.

Writing on the subject of spam, Microsoft chairman Bill Gates had some strong opinions in his weekly column on his company’s web site: “Wasting somebody else's time strikes me as the height of rudeness. We have only so many hours, and none to waste. That's what makes electronic junk mail and e-mail hoaxes so maddening. The "free" distribution of unwelcome or misleading messages to thousands of people is an annoying and sometimes destructive use of the Internet's unprecedented efficiency.”

Related stories:

• Surfing Silicon Valley: Spam scram
• Junk E-mail: New anti-spam technology welcomed, spammers press on
• AOL spam dispute escalates

Related sites:

• Spam Free Washington Campaign
• On Spam: Wasting time on the Internet By Bill Gates

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