WASHINGTON-Congress this week is expected to pass landmark anti-spam legislation, following overwhelming approval late Friday of a House bill with a provision seeking to ban transmissions of unsolicited commercial e-mail to mobile phones without prior consent of subscribers.
“What I tried to do with my provision on cell phones was to do today what we were going to be forced to do in two or three years anyway,” said Rep. Edward Markey (D-Mass.).
The Markey amendment advocates an opt-in approach to mobile spam, but still gives the Federal Communications Commission the discretion of setting an opt-out rule. In contrast, wireline Internet consumers would be restricted to having to opt out of unwanted electronic advertising.
The bill is modeled closely after the new Do-Not-Call registry in telemarketing legislation. As such, the Federal Trade Commission and state attorneys general have the authority to enforce new anti-spam guidelines.
Violators face $2 million fines, which are tripled for intentional infractions. The bill allows for unlimited damages for fraud and abuse as well as a five-year prison sentence.
