Comment by Hal Pawluk

Tue, 9 Dec 2003 18:00:32 EST

The California spam law was ineptly drawn and was being addressed. It would have been resolved satisfactorily either through legislation or the courts if it hadn't been preempted by the Feds. But spam is just a minor side-issue, and this act is really another example of the real problem. The problem is the consistent and ongoing sellout by Congress and the administration to business. In the case of spam, as the outrcry against it grew (well-founded, with more than half of e-mail being spam), the spammers and direct mail industry started lobbying congress. They found a willing ear (and open campaign coffers), and soon the CAN-SPAM Act was introduced. This has a great sounding name and all who voted for it in congress can now go home and say they voted to CAN SPAM, even though the bill preempts anti-spam laws with teeth in them, and in fact clearly gives spammers permission to spam. We saw something similar earlier in the new FCC rules issued by aggressively-partisan Chairman Michael Powell. A number of large media companies had exceeded the ownership limits, so rather than penalizing them for it, Powell pushed through a rule that extended the ownership limits beyond where they have any real meaning at all (the Congressional revisions have no practical effect, and the media giants keep their free pass). A third example relates to energy companies (with long-cherished ties to the administration, as the last two years have shown us). The EPA had enforcement actions going against more than 50 plants for violating the Clean Air Act. The administration's response? They issued a new set of rules, effective 26 December, that will force the EPA to drop most of actions. Another instance of "break the law, get a free pass if you're big business." It seems to work, and they keep getting reelected so I don't see it changing any time soon.

Comment by Al Barger

Tue, 9 Dec 2003 15:01:44 EST

I'm glad they've gutted the spam laws. CLICK HERE to see the other side of this from Reason. I hate spam too, but I'm real skeptical of legislative solutions for a lot of reasons- starting with that real spammers, the evil ones will operate out of foreign servers beyond the reach of our laws anyway. Read the Reason page for details on the negative effects of anti-fax spam legislation in practice, and you'll see what kind of unintended bad results can come from ham handed legislating in this area.

Blogcritics: Comments on Congress votes for more government and more spam

Comment by Hal Pawluk

Comment by Al Barger