Commercial E-Mail
Issue
Concerns over the amount of commercial e-mail sent have caused some to seek
new ways to strengthen e-mail laws, even at the expense of legitimate advertisers.
AAF Position
The AAF supports current implementation of federal anti-spam legislation,
which allows legitimate e-mail marketing but imposes criminal sanctions on senders
who do not comply with the law. We support current rules for commercial e-mail
senders, which require clear disclosure of the e-mail sender, an easy opt-out
removal system and a valid postal address as a means for the recipient to contact
the sender. The AAF opposes mandatory "opt-in" requirements, meaning that the
recipient would first have to authorize a sender before allowing any e-mail to be
sent. Like the Federal Trade Commission, we oppose efforts to create a national
do-not-e-mail registry, because such a registry would not stop illegal spammers
who routinely break the current law. Such a registry would impose unnecessary
"scrubbing" costs on legitimate e-mail marketers.
Opposition
Some privacy advocates seek full opt-in requirements for commercial e-mail.
Others have called for a national do-not-e-mail registry, where consumers could
place an e-mail address on file with the Federal Trade Commission. Companies would
be prohibited by law from sending commercial e-mail to those addresses. However,
illegal spam e-mail would continue, as these senders already operate outside of
the law.
Legislation
In the past Congress, Sen. Gordon Smith, R-Ore., introduced a bill was designed to strengthen the FTC's enforcement authority against illegal spam, spyware and other forms of fraud and deception. The bill did not receive a hearing or vote.
Last updated: May 2006