Spam Reduction Bill Heads to Ritter

A bill that would markedly toughen penalties for sending unsolicited commercial email messages, and give the state maximum ability to enforce the federal CAN-Spam Act as well as consumers education needed to fight spam, is on its way to Gov. Ritter.

HB 1178, sponsored by Reps. Morgan Carroll, D-Aurora, Sara Gagliardi, D-Arvada, and John Soper, D-Thornton, as well as Sen. Bob Hagedorn, D-Aurora, cleared the House a second time Thursday morning. The House had to take up the bill again, after initially giving it final clearance in February, because the Senate amended it before giving a final nod last week.

Carroll lauded the measure as an essential tool to fight a growing economic burden on business.

"Today the legislature sent a strong bi-partisan message – enough!” Carroll said. "Colorado companies and average citizens spend too much time, energy and money sifting through ridiculous claims of million dollar paydays, ads for E.D. medications and various other schemes -- just to get to their personal emails. This will not do."

According to a report issued by the University of Maryland, spam cost U.S. business about $22 billion in lost productivity in 2005. Another report, released by Nucleus Research in April 2007, says the lost productivity value is now about $70 billion.

Hagedorn said the bill is also aimed at helping the elderly, who are increasingly targets of computer crime.

"Spammers are using increasingly more sophisticated methods to target elderly folks and those with less computer know-how, conning them out of money and personal information like credit and social security numbers,” he said.

The average American receives, on average, at least 2,200 spam email messages each year, according to SpamFilterReview.com.

The proposed Spam Reduction Act of 2008 will become law in August if signed by Ritter.

Anti-Spam Bill Gets Unanimous Final House Approval

A bill that would make it a misdemeanor to deceptive or unsolicited commercial email got unanimous approval on third and final reading in the House today.

HB 1178, sponsored by Rep. Morgan Carroll, D-Aurora, passed 64-0. The bill also gives Internet service providers immunity from civil liability for transmitting spam over their email networks if they take certain actions to prevent spam transmissions.

The proposed Spam Reduction Act of 2008 now heads to the Senate, where it is sponsored by Sen. Bob Hagedorn, D-Aurora.

"Spam Reduction Act" Bill To Receive Second Reading Vote in House Mon.

A bill that would criminalize the sending of spam in Colorado will get its first floor vote in the House Monday, Feb. 11.

HB 1178 would specify that unsolicited commercial e-mail messages, or commercial email messages that conceal the sender, are deceptive trade practices under state law. It would allow Internet service providers to sue spam senders if their networks are used to send unlawful email traffic and recover actual damages and, in some cases, attorney fees and costs.

The bill also grants immunity from civil liability to ISPs who take actions to prevent the sending of spam over their networks. It also explicitly grants the state Attorney General authority to enforce the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act of 2003, 15 U.S.C. section 7701 et seq.

Finally, the bill declares that violations of the CAN-SPAM Act are "inherently false and deceptive" and specifies that "electronic mail fraud" is a class 2 misdemeanor on first offense and a class 1 misdemeanor on a second or subsequent offense within two years.

If enacted, the bill would supersede Colorado's Junk E-mail law and grant the state all of the authority to regulate spam granted by the CAN-SPAM Act.

The sponsors of the bill are Rep. Morgan Carroll, D-Aurora, and Sen. Bob Hagedorn, D-Aurora.

Morgan Carroll's Spam Reduction Act Gets Committee Nod

The House Judiciary Committee approved the proposed "Spam Reduction Act" Wednesday, sending the bill aimed at lowering the volume of spam clogging Coloradans' email inboxes to the House floor.

HB 1178, sponsored by Rep. Morgan Carroll, D-Aurora, criminalizes the sending of commercial email messages that are deceptive or unsolicited or which mask the identity of the true sender. It also grants limited immunity from civil lawsuits to internet service providers that protect account holders from receiving spam.

The bill now moves on the House floor.

Carroll has posted tips for consumers concerned about the spam on her website.