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S.1618 - 105th Congress, Unsolicited Email! A Bunch of Bull!

By: Joe Reinbold

Article Word Count: 739 words  [Comments (0)]
Total Views: 74 Views





Have you received email solicitations with this paragraph


included somewhere in the message:





"This message is sent in compliance with the new email bill


section 301. Under Bill S.1618 TITLE III passed by the 105th


U.S. Congress this message cannot be considered Spam as long as


we include the way to be removed, Paragraph (a)(c) of S.1618.


Further transmissions to you by the sender of this email may be


stopped at no cost to you by sending a request to be removed to


__"





Well it is, in plain language, a bunch of BULL!





U.S. Senate Bill 1618, an Anti-slamming Amendments Act,


contained a Section 301, relating to transmissions of


unsolicited commercial electronic mail. S.1618 was approved by


the U.S. Senate on May 12, 1998. It was then referred to the


House Committee on Commerce on October 21, 1998. The Bill DIED


in committee and was never passed into law by the 105th


Congress. Nor has the 106th Congress passed anything similar at


this time. I was able to confirm this information both by


checking the U.S. Senate records and specifically by an inquiry


with one of my Senators.





So first, the quoted paragraph above is in error since the bill


never became law. Secondly, if it did become law the messages I


generally receive citing the above, are quite deficient in


compliance with the alleged law that they reference. Here, in


part, are the exact requirements of the bill that would have


been law in respect to email if in fact the bill had passed:





------------------------- SEC. 301. REQUIREMENTS RELATING TO


TRANSMISSIONS OF UNSOLICITED COMMERCIAL ELECTRONIC MAIL.





(a) INFORMATION TO BE INCLUDED IN TRANSMISSIONS-





(1) IN GENERAL- A person who transmits an unsolicited


commercial electronic mail message shall cause to appear in each


such electronic mail message the information specified in


paragraph (2).





(2) COVERED INFORMATION- The following information shall appear


at the beginning of the body of an unsolicited commercial


electronic mail message under paragraph (1):





(A) The name, physical address, electronic mail address, and


telephone number of the person who initiates transmission of the


message.





(B) The name, physical address, electronic mail address, and


telephone number of the person who created the content of the


message, if different from the information under subparagraph


(A).





(C) A statement that further transmissions of unsolicited


commercial electronic mail to the recipient by the person who


initiates transmission of the message may be stopped at no cost


to the recipient by sending a reply to the originating


electronic mail address with the word `remove' in the subject


line. ------------------------





How many messages citing this "Law" as justification for sending


you SPAM contain the items in Para. (2)(A) & (B). I haven't seen


any out of the 1000's I received. In fact, in those that I try


to send a message back to, the reply address is usually invalid.





Plus, even though they furnish you with a means at the end of


the message to "Remove" yourself from the mailings, it is


usually a false address or url when you actually try to remove


yourself.





This type of mis-information spreads like wildfire once someone


makes it up and pretty soon everybody takes it for the truth. It


is similar to all those emails, forwarded by the thousands,


proclaiming that Microsoft is going to pay you over $200 for


each person you forward the message to.





The use of this statement of the "Law" in sending unsolicited


email advertisements does not diminish the fact that they are


still SPAM no matter how a mailer tries to camouflage his or her


efforts. It should also make you think twice, no matter how


great the offer looks, about the integrity of the individual


and/or company sending it to you and whether you want to deal


with them..


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