Anti-Spam Measure Moves One Step Closer to Passage

Industries that use e-mail as a marketing tool are carefully watching as a federal anti-spam law moves closer to passage. But for the most part, the bill seems directed more at bulk e-mailers rather than businesses that use e-mail to communicate with customers.

The measure would let consumers opt out of receiving commercial e-mail and include stiff penalties for companies or groups that fraudulently obtain e-mail addresses or use deceptive information in the e-mail's subject header.

The U.S. House of Representatives overwhelmingly passed the bill, called the Can Spam Act, on Nov. 22. But because the Senate made slight changes, the measure will have to be reconsidered by the House when members return from the Thanksgiving recess. President George W. Bush has said he intends to sign the bill.

The federal law would supersede state anti-spam measures, such as the California law that requires consumers to opt in and allows spammers to be sued.

American Business Media, the trade association representing business-to-business media companies, including many tradeshow interests, believes the federal law will not affect the legitimate e-mail marketing engaged in by its members.

The American Society of Assn. Executives, which this summer successfully lobbied against provisions contained in an anti-faxing law, is monitoring the bill's progress. The organization is concerned that e-mails from tax-exempt organizations may not be excluded from the ban on unsolicited commercial e-mail.