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Institute for Spam and Internet Public Policy: News
"SPAM AND THE LAW" EXPERTS OFFER HOPE, CRITICISM
FOR U.S. ANTI-SPAM MEASURES
New Federal spam law deciphered, dissected and decried at crowded
national conference
SAN FRANCISCO, CA - January 26, 2004 - The Institute for Spam and
Internet Public Policy ("ISIPP") announced today that its national "Spam
and the Law" conference drew nearly twice the expected number of
attendees, with a stellar lineup of speakers playing to a crowd which
was at times standing room only. Internet service providers, online
marketers, attorneys, and even a few acknowledged spammers, crammed into
a crowded room last Thursday to listen to the nation's leading experts
tell them about the state of the law with regards to spam, and what it
means for email marketers.
From the keynote address by California Attorney General Bill Lockyer, to
a lively discussion of best email marketing practices with marketing
guru Guy Kawasaki, the message was clear: the new Federal
CAN-SPAM law is not going to stop all spam, and it's up to legitimate
online mailers to distinguish themselves from the spammers by doing the
right thing.
"To say that some people are not thrilled with CAN-SPAM would be an
understatement," said Anne P. Mitchell, Esq., President and CEO of the
Institute for Spam and Internet Public Policy. "Still, there are some
who think that in the right hands the law can be applied effectively,
and we are already working on ways to help ensure that happens."
Opinions on the CAN-SPAM law, which took effect on the first of this
year, ranged from hopeful to skeptical to downright cynical. Other
subjects covered at the conference included using other types of legal
tools such as trademark and trespass laws to go after spammers, suing
the advertisers along with the senders, and keeping one's own mailings
from running afoul of the new law.
Stanford Law School Professor Lawrence Lessig called the new law an
"abomination", explaining that in his opinion the new law is
"ineffective and it's affirmatively harmful because it preempts state
legislation."
California Attorney General Bill Lockyer, whose own state's anti-spam
law was preempted by the new Federal law, pledged to continue the fight
to protect consumer inboxes from spam, while acknowledging that "the
resources we have to enforce the act are modest."
Michael Goodman, the Federal Trade Commission attorney whose job it is
to oversee the implementation of the CAN-SPAM law, pledged to move as
quickly as possible to bring the first spammers to justice under the new
law. "The FTC has been charged with both enforcing and interpreting the
law," said Goodman, "and we'll be doing both at the same time." Goodman
also explained that much of this was new territory, and that his office
welcomed feedback from industry experts.
Addressing the importance of one's Internet image, Guy Kawasaki, former
Apple evangelist and current CEO of Garage Technology Ventures, told the
attendees that spamming is not only illegal, but can hurt your company's
bottom line. "This conference proved that online marketers must
consider more than the letter of the law. The impact on a company's
image and the morals of society are as important."
Award-winning journalist and founder of the Politech technology and
politics mailing list, Declan McCullagh, explained to the audience that
CAN-SPAM "encourages Congress to extend the federal government's reach
into the Internet," and added that "it imposes additional requirements
on legitimate, truthful speech."
"Unfortunately, the spammers are not afraid of CAN-SPAM in the least,"
explained Mitchell. "On the other hand, legitimate emailers are very
concerned about it."
For mailers who are trying to figure out what they need to do to comply
with the new law, ISIPP offers an ebook entitled "CAN-SPAM and You:
Emailing Under the Law", which is available through their website at
http://www.isipp.com. ISIPP is also making available an audio recording
of the conference along with the speakers' presentations.
"This conference far exceeded my expectations in terms of the quality of
the information, and the knowledge and expertise of the speakers," said
Meng Weng Wong, a founder of Internet service provider Pobox.com, and
chief proponent of an emailer identification system known as 'SPF'. "I
am more encouraged than ever now that we may have some usable legal
weapons in our arsenal, along with the technological weapons such as
SPF."
The "Spam and the Law" conference, which was co-sponsored by Ironport
Systems, WhatCounts Email Technology, TalkBiz.com, Skylist Email
Solutions, MessageGate Enterprise Messaging Management, and Informz
Integrated E-Marketing Solutions, attracted attendees from across the
country, and from as far away as Australia. The first in a series for
2004, ISIPP's next conference will be their "International Spam Law and
Policies" conference, scheduled for the end of July.
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