WAISP Legislative Update -- SPAM Bill

[NancyK]

---------- Forwarded message ----------
Date: Tue, 3 Feb 1998 20:26:52 -0800
From: Gary Gardner--Executive Director <exec-director at waisp.org>
Subject: WAISP Legislative Update -- SPAM Bill

SPAM Bill Passes House Energy and Utilities Committee

The House E&U Committee passed the Anti-UCE or SPAM bill HB 2752 on a 15-0
vote.  The bill now goes to the House Rules Committee to be scheduled for
a floor vote.  Our thanks to all of you who wrote and had your customers
send e-mails or hotline calls to the legislature.  But we can't let up
now.  The DMA (Direct Marketers Association), ACLU and the Realtor's
Association are teaming up to oppose the bill.

The bill has been amended and you can review the amended copy on the
Legislative Web page at http://www.leginfo.leg.wa.gov Click on House
Bills, and navigate to the folder with HB 2752 and click on Substitute
2752.  Aside from technical changes, the amended version differs from the
original in a couple of ways: 

UCE is prohibited unless there is an existing personal or business
relationship with the sender within the last 12 months.  The sender can
also respond to a request for information, and make follow-up mailings
unless requested to stop by the recipient. 

A sender cannot send to an e-mail address that the sender knows or has
reason to know is in Washington. 

The burden is on the sender to find out if an address is in Washington,
and an ISP may respond to requests for information from a sender however
it chooses to do so. 

The remaining provisions of the bill remain -- allowing a recipient to
recover $500 or actual damages, and an ISP to recover $1,000 or actual
damages from the sender of UCE, and allowed commercial e-mail must be
noted as "Advertising" and the recipient can notify a sender to stop
sending mail.  ISPs can block UCE or what they have reason to believe is
UCE and not be liable for damages. 

The bill needs "grassroots" support -- kindly urge your customers to call
the legislative hotline at 1-800-562-6000 and have them urge their
legislators to support HB 2752. 

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