Bush Signs
Anti-Spam Law

Law Supercedes 37 State laws 
including Massachusetts

The new Federal legislation effective on January 1, 2004 enables companies to prospect for new customers without being required to use "ADV" in the subject line of their messages if they 

1. do not use false transmission or routing information; 

2. do not include false information in the subject line; and 

3. provide a clear and conspicuous method to allow recipients to opt-out of receiving further messages. 

In addition, the new law also addresses enforcement and damages, asks the Federal Communications Commission to work with the Federal Trade Commission to develop rules that will apply to sending unsolicited commercial email messages via mobile/wireless devices, and puts in place special requirements addressing email containing pornographic materials. There is also a provision that, under certain circumstances, you must include your company's physical address somewhere in the email. 

Stiff penalties
The new law provides for penalties of up to five years in jail and up to 6 million dollars in fines.

Relaying is not allowed 
In the past, spammers have used legitimate computers to forward or relay spam emails and hidden the true identity of the spammer.  Now, It is unlawful for any person knowingly to relay or retransmit a commercial electronic mail message that is unlawful under subsection from a protected computer or computer network that such person has accessed without authorization.

The caveat; prior affirmative consent
The law does not apply to the transmission of an electronic mail message if the recipient has given prior affirmative consent to receipt of the message. So a cautionary note to all, subscribe with caution. If you subscribe to one email offering, you may be opening yourself up to being legally bombarded by other associated emails.

To be continued....
The law also provides for future specific action to be take. Specifically, not later than 120 days after the date of the enactment of this Act, the Commission in consultation with the Attorney General shall prescribe clearly identifiable marks or notices to be included in or associated with commercial electronic mail that contains sexually oriented material, in order to inform the recipient of that fact and to facilitate filtering of such electronic mail.