Can-Spam Act of 2003

CAN-SPAM ACT OF 2003

Ms. CANTWELL. Mr. President, I rise today in support of the Burns-Wyden CAN-SPAM Act, which would impose limitations and penalties on the transmission of unsolicited commercial electronic mail via the Internet.

I would like to thank my colleagues, Senators WYDEN and BURNS, for their leadership in tackling this problem which affects so many consumers in my State of Washington. Unsolicited commercial email or "spam" is a major irritant to consumers and businesses alike. Spam exposes computer users—often young children—to pornography, sexual predators, fraudulent schemes, and other unwanted or harmful messages. In addition, spam costs American business close to $10 billion each year in lost productivity, additional infrastructure costs, and legal fees—costs that are ultimately borne by consumers. By clogging our computers, spam threatens to deprive us of the tremendous benefits provided by the Internet.

This bill represents a crucial first step in combating the exponential increase in the volume of spam, which today accounts for half of all email messages. Because of the global nature of this problem and the anonymity that the Internet affords spammers, it is impossible for states or individuals alone to take meaningful steps to reduce the impact of this nuisance, and self-regulation is simply not an option. The overwhelming volume of sleazy and fraudulent solicitations originating from
criminal organizations demands a tough response that imposes both civil and criminal penalties.

That is precisely why this bill is so necessary. To protect computer users in my State and across the country, we must take immediate steps to stem the mountain of spam hitting email inboxes every day.

The Burns-Wyden bill is a long-awaited step in the right direction. The bill has been carefully negotiated and improved. By allowing enforcement by State attorneys general and by Internet service providers, we have increased the odds of successful enforcement against the worst spammers. By prohibiting harvesting of email addresses, the use of technology to send thousands of spammed messages, and by prohibiting false and misleading message headers, the bill will send a clear message to the most abusive spammers that their practices will no longer be tolerated.

But enforcement will remain a challenge. Spammers have every incentive to increase the volume of their messages because the marginal cost of sending another message is virtually nothing. And because of the anonymity and global nature of the internet, spammers can hide their identity and move their operations offshore.

While the bill before us will finally put in place a Federal approach to the global problem of spam, there is no single solution to this complex problem. I am pleased that the bill will require the Federal Trade Commission to develop legislation to establish a national Do Not Email registry modeled on the Do Not Call registry, but I believe there may come a point at which additional protections are necessary to protect consumers and to protect the growth of the information economy.

I think we all recognize that we have much more work to do to solve this problem, but the Burns-Wyden bill is an excellent first step in addressing the problem, and I am pleased to help pass this important legislation.