The legalization of Spam
October 24th, 2007In 2003, Congress passed a historic law known as the CAN-SPAM Act. Ostensibly an attempt to end unsolicited commercial e-mails, it was actually intended to weaken consumer protections against spam that were under consideration in the State of California. Under earlier state laws, consumers could sue spammers who sent unsolicited e-mails, usually for a few dollars per message. One famous example was that of Richard Scott, who won a $350 settlement and promptly posted a scanned copy of his check online along with instructions for others to emulate.
Fearing that these inexpensive lawsuits (about $60 , including an interstate warrant) might actually start working, the Direct Marketing Association lobbied Congress to rush the federal statute through. The CAN-SPAM Act outlaws deceptive e-mail routing and implements at least 20 day opt-out periods, meaning that if you click the “opt out” link, the spammer can simply postpone the next round of spam until next month. In exchange for these “protections,” Congress nullified all state laws, and forbade consumers from suing spammers directly, essentially legalizing and encouraging spam.
The law is now known informally as the “Yes, you CAN-SPAM Act.”