WASHINGTON-Legislation designed to curb unwanted commercial e-mails to mobile-phone subscribers is headed to the White House for President Bush’s signature.
Congressional approval of the anti-spam measure came yesterday, following House passage of legislation agreed to by the Senate prior to Thanksgiving.
“This legislation recognizes what the wireless industry long has advocated-that wireless consumers deserve to be protected from spam,” said Steve Largent, president of the Cellular Telecommunications & Internet Association.
The bill directs the Federal Communications Commission to craft rules prohibiting commercial solicitations to wireless subscribers unless prior consent is given. The Federal Trade Commission is charged with developing a Do-Not-Spam registry similar to that governing telemarketing.
While the anti-spam bill includes tough civil and criminal penalties, consumer advocates criticize the measure for pre-empting stronger state anti-spam laws, like the one in California. As such, consumers cannot take legal action against spammers under a federal approach that allows Net marketers to go offshore to ply their trade. Moreover, there is the question of whether federal officials have enough resources to monitor and enforce illegal spamming.
“The legislation is significantly improved over where it was a month ago,” said Chris Murray, legislative counsel for Consumers Union. “But at the same time, it’s a mixed bag for consumers.”
