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The FBI Plans on Prosecuting Email Spammers Pursuant to the Can-Spam Act as Reformed Spammer Claims Compliance has been Disadvantageous for Business
On Thursday May 20, 2004, the Senate Commerce Committee met to review the effects of the Can-Spam Act (the Act) since its coming into force on January 1, 2004. It heard from a handful of witnesses, including a bulk emailer, who claimed that compliance with the Act has been disadvantageous for his business because Internet providers block his emails by focusing on his "From:" addresses, "Subject:" lines, company information, IP address and the disclaimer on the bottom of his email. He testified that he may resort to illegal tactics, such as generating fake numerical addresses and grammatically correct text that look like personal written mail, if his legal emails continue to get blocked by major Internet service providers such as America Online and Microsoft Hotmail.
Meanwhile at the Senate Commerce Committee meeting, the FBI testified that even though no spammers have been criminally charged under the Act so far, it has identified over 100 significant spammers and is targeting 50 for potential prosecution. However, most witnesses caution that it takes time to gather evidence to prosecute these cases either civilly or criminally.
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