On March 29, the House Committee on Energy and Commerce approved H.R. 718, a bill that seeks to curb unsolicited junk e-mail or "spam." The legislation, sponsored by Representatives Gene Green (D-Texas) and Heather Wilson (R-New Mexico), would enable Internet users and access providers to block unsolicited commercial e-mail messages by requiring so-called spammers to provide a valid return e-mail address, enabling recipients the right to remove their name from the e-mail list. Senders of unsolicited commercial e-mail would be required to notify all recipients of this right. H.R. 718 will be considered by the House Judiciary Committee before it is sent to the floor for debate.

A late lobbying push by a consortium of banking, insurance and securities firms prompted further action by some members of the committee. In a letter to Securities and Exchange Commission (SEC) Chair Laura Unger, Representatives John Dingell (D- Michigan) and Edward Markey (D-Massachusetts) said the securities industry’s resistance to the legislation raises serious concerns regarding industry marketing practices. They are requesting that the SEC initiate an immediate investigation of the securities industry use of "spam" e-mails, specifically what practices they believe securities firms are seeking to perpetuate.

Last year, the House of Representatives approved a similar bill by a vote of 427-1. It died after the Senate failed to consider the legislation. Members on both sides of the aisle are confident the bill will pass both houses and be signed into law this session.

The committee’s passage of H.R. 718 is the latest effort in the debate to curb unsolicited commercial e-mails. Proponents of such legislation argue that federal regulations are required as consumers bear the cost in the form of time, computer space and increased Internet service provider charges resulting from a high volume of "junk e-mail." Opponents express concerns that such action would violate the free-speech rights of Internet marketers, and slow the evolution of electronic commerce.

While there does exist a common hatred by consumers for unsolicited junk e-mail, federal legislation to deal with the problem may only open a Pandora’s box of further restrictive roadblocks to the evolution of electronic commerce. We believe increased enforcement of current federal laws that have been effectively used against so called "spammers" and the development of new technology demanded by our free-market system would be a better and more effective way to deal with the problem.

Return to Internet Index