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Legislation attempts to curb spam

August 15, 2003

Internet users might see a reduction in the high number of solicitation e-mails, also known as spam, because of a new state law.

The law, known as the Unsolicited Commercial E-mail Protection Act by the state House, requires bulk e-mailers to include the letters "ADV:" as the first four characters of all spam e-mails.

The bill, introduced by Rep. Bill Huizenga, R-Zeeland, passed through the state House and Senate and was signed into state law by Gov. Jennifer Granholm in July.

"It sends a strong message to spammers to stop," said Dale Hull, chief of staff for Rep. Huizenga. "Just like you can put a 'Do Not Trespass' sign on your lawn, you should be able to put a 'Do Not Trespass' sign on your e-mail."

The bill unanimously passed in the House by a 107-0 vote and in the Senate by a 37-0 vote.

Some MSU students say the Legislature is right to take steps to prevent spam from getting in their inboxes without being identified.

"I think it would be great if it was possible," education senior Jonathon Kus said. "I have at least two e-mail accounts that I've had to close out because of junk e-mails, no matter what kind of filter I get."

Hull said the law will likely curb the number of spam e-mails, but not stop them completely.

If individuals or corporations are found in violation of the law, they might face a misdemeanor with a possible one-year prison sentence and a $10,000 fine. A second violation is a felony, four-years in prison and a $25,000 fine. Each e-mail is considered a separate violation.

Hull said spammers can be tough to catch because there are many limited liability corporations, people who start companies for the sole purpose of sending spam. These people sometimes work with other companies to share e-mail lists. Spammers have been known to send about 1 million e-mails each day, Hull said.

Hull said spam also affects businesses.

"Spam is not just a nuisance for people, it's a nuisance for businesses," he said. "Spam can produce viruses on computers. Business lose time and money because they have to hire people to deal with spam."

Another bill, introduced by Sen. Mike Bishop, R- Rochester, will create a spam list similar to the do-not-call lists. People who want to avoid spam e-mails would have to sign up their e-mail accounts with the Michigan Department of Consumer & Industry Services.

Businesses and individuals would have to check the list before sending e-mails if they did not want to face consequences with the law. The only exception is if there is a pre-existing relationship with a business and an individual.

The bill passed through the Senate 37-0 and is sitting in the House waiting to be voted on.

Bishop's spokesman Dennis Darnoi said violations of the bill is a felony, with a $10,000 fine, and a possible a year of imprisonment, which is up to a judge's discretion.

Multiple violations call for a $250 fine per e-mail.

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