Can-Spam Act of 2003

CAN-SPAM ACT OF 2003

Mr. SCHUMER. Thank you, Mr. President.

First, let me thank my colleague from Oregon for his leadership on this issue, for his persistence-done in a slightly different way, the Oregon way, not the New York way, but it is effective, if not more effective-and for his understanding. There is no one in this Chamber who both understands technology issues and yet has a political grasp of politics and blends the two. I thank him for his leadership.

I thank the Senator from Montana, as well, who has worked long and hard on this issue; and my good friend from Arizona, the chairman of the Commerce Committee, also.

This is going to be a good Thanksgiving for consumers. We are dealing with spam today. The portability rules for cell phones have been enacted. I worked long and hard on those. Both antispamming legislation and portability rules are very important things we have done for consumers. As technology changes, we need to adapt the rules by which this technology can work. The basic principles we have always have to be applied in new and different ways. That is what we are trying to do today.

E-mail is one of the great inventions of the 20th century. But, unfortunately, if we did nothing, e-mail would not be around within a few years and no one could use it. What was an annoyance a few years ago has become a major problem this year and could really cripple e-mail a few years from now. So this Congress has acted. We acted in a thoughtful and careful way.

Is this bill going to solve everything? No. But will it make a real difference? You bet. Spammers: Be put on notice. Within a few months you will be committing a criminal act if you do what you are doing now.

With this bill, Congress is saying that if you are a spammer, you can wind up in the slammer. That is the bottom line. The bottom line is that there will be criminal penalties and real prosecution. Will we go after every spammer, somebody who makes a mistake here and there? No. But the studies show us-this is what gives all of us such hope-that maybe 250 spammers send out 90 percent of the e-mail. And we are saying to those 250, no matter where you are, or how you try to hide your spam, we will find you. This bill gives the FTC and the Justice Department the tools to go after you.

That is why this bill is so important. This is such a good day, not only for those who use computers but for technology in general.

I became familiar with this issue when I noticed my daughter on her computer. My wife and I had always said to one another: Isn't it great that instead of watching television, our kids are always on the computer? Then we saw what was popping up in their e-mail-things we wouldn't want to see, let alone my 14-year-old daughter. As we looked into it, we saw what was happening. Spam is annoying, crippling commerce, and pornographic. All of that has to end while we preserve the essence of spam itself, which is ease of communication.

There is no single solution. That is why this bill is correct in taking the eclectic approach. I wanted to put a few more provisions in. I have talked to my friends from Montana and Oregon. We are going to monitor this. If new things are needed, we will add them. But there are many different ways we can go after spammers after this legislation is signed by the President.

The part for which I fought fiercely is the No Spam Registry. It will provide prosecutors with the best tools to create the case. They won't have to prove intent. They won't have to prove anything other than as they do with the No Call Registry. Day after day, spammers have relentlessly sent hundreds and thousands of spam e-mails to people who have explicitly said they do not want spam.

I believe that it will work. I know that the FTC has some doubts. Although, fortunately, they now say it is technically feasible, and they are not worried about the list being stolen, they are worried about the evidence.

My answer to the FTC: Try it. We do not have anything better. It is not going to solve everything, but it is the best tool we have.

When they come back to us in 6 months with their proposal, which they must do under this legislation, I have been assured by both Chairman McCain and Ranking Member HOLLINGS, as well as Senators WYDEN and BURNS, that we will make sure they implement it. We will either do it statutorily or by pressure from the appropriators and others.

So the FTC may disagree with the vast majority of Americans and the unanimity of the Congress-I guess unanimous in the Senate, not quite in the House-but we are going to make this No Spam Registry a reality within a year.

So the bottom line is simple: For the first time there is some light at the end of the tunnel in the fight against spam. This legislation-not a panacea-will greatly reduce the burden of spam, the difficulty of spam, and the pornographic aspects of spam.

So again, I thank all of my colleagues in the Senate in letting this legislation go through. Again, it is a happy Thanksgiving to computer users everywhere.

I thank my colleagues from Montana and Oregon for their leadership. I thank Senators MCCAIN and HOLLINGS, as chairman and ranking member of the committee, for their support.

When the industry groups tried to rip the registry out of the legislation, these folks stood firm, the Senate stood firm, and that is why we have it in here today.

With that, Mr. President, let me just conclude by wishing you, my colleagues from Maine and Oregon, and all of my colleagues, and all those who work here, a very happy Thanksgiving.

For me, God has given me much to be thankful for, and I will dwell on that over the next few days. I hope everyone here feels the same way about their fortune and good fortune.

With that, I yield the floor.