SALT LAKE CITY - The House Public Utilities and Technology Committee approved legislation on Wednesday Feb. 26 that would restrict litigation against mass e-mail senders, or "spammers."

Senate Bill 59, sponsored by Sen. Patrice Arent, D-Salt Lake City, was drafted to amend a bill that was passed last year that places restrictions on spammers, but has since been determined to be too broad.

Supporters for the bill cited the 1,200 lawsuits filed against Internet marketers as a result of last year's legislation, saying clarification is needed to defend against legislation.

The bill requires "a reasonable period of time" to be given to internet marketers to remove names from their lists before litigation can be brought against them, and distinguishes pop-up and banner ads from unwanted e-mail.

Representative David Ure, R-Kamas, said he hopes the new guidelines will keep the issue from becoming "an attorney's paradise."

Kent Barker, a senior software engineer from West Jordan, said he thinks the new legislation will restrict citizens from regulating spammers, and the new legislation doesn't protect citizens at all.

Barker said that in suits against spammers, plaintiffs only get a few dollars in settlement.

"This type of bill is going to be enforced through small civil actions," Barker said. "The bill needs to encourage citizens to police it (spamming), but there's no incentive for them to do it."

Internet marketing companies have no incentive to stop illegal activities if the legislature makes things easier for them, Barker said.

"Everyone I know hates spam," he added.



Copyright Brigham Young University 26 Feb 2003