Spam slam: Virginia's anti-spam law 2003 H.B. 2290/S.B. 1139, chapter 987.

• Author: Greenberg, Pam
• Position: ON RECONSIDERATION

THE LAW'S GOALS

* Provide prosecutors with the tools to bring legal action against and convict those who send unwanted, fraudulent or deceptive unsolicited bulk e-mail (spam).

* Undermine the profitability of spamming through significant penalties and forfeiture of profits.

* Address online fraud and economic crimes committed with computers or computer networks.

* Deter spammers from engaging in fraudulent and deceptive practices.

WHAT THE LAW DOES

* Criminalizes sending unsolicited bulk electronic mail, or spam, through fraudulent means, such as forging headers or changing routing information. The crime rises to a felony if:

* The volume of spare sent exceeds 10,000 messages in any 24-hour time period, 100,000 in any 30-day time period, or 1 million in any 1-year period.

* Revenue generated from specific spam exceeds $1,000, or total revenue generated from all spare transmitted to any ISP exceeds $50,000.

* The defendant knowingly hires, employs, uses or permits any minor to assist in the transmission of spare.

* Targets so-called kingpin spammers who fund spare operations by hiring others and who previously could have escaped prosecution because they were not directly using a computer or network themselves.

* Allows any assets or proceeds earned as a result of the violation and any equipment used to perform the crime to be seized and forfeited to the state.

THE PROBLEM

The first spare e-mail was said to have been sent in 1978. Since then, spam has grown so common that it now constitutes an estimated 60 percent to 80 percent of all e-mail. It costs the nation $21.58 billion annually in lost productivity, according to a 2004 National Technology Readiness Survey, conducted by the University of Maryland's Robert H. Smith School of Business. Spare also imposes intangible costs--such as user irritation and an increased reluctance to participate in e-commerce. A Pew Internet and American Life survey in October 2003 found that 29 percent of e-mail users now use e-mail less because of spam.

State legislatures began addressing the problem in 1997. California, Nevada and Washington and were the first states to pass anti-spare laws, followed by 11 more in 1999. By 2002, 20 states had enacted laws, including Virginia. Many of these anti-spam laws include labeling requirements for unsolicited commercial e-mail or adult-oriented messages and require an address or contact information in the e-mail to allow recipients to opt out of receiving future...