Thursday, January 20, 2005
In an article in the Atlanta Journal Constitutional this morning, titled, "If Perdue has way, spam will be felony," Governor Perdue of Georgia is trying to push for a new law that would make it a felony "to send more than 10,000 misleading e-mails during a 24-hour period, make large sums of money off those e-mails, or use juveniles to transmit the bogus correspondence." The article notes that other states have moved in this direction. There is also 18 U.S.C. 1037, the relatively new "Fraud and related activity in connection with electronic mail" statute that provides federal legislation focused on some deceptive forms of spam activity. Finally there have been civil actions that have also been focused on spam emails. The issue down the road may be whether to leave this for the civil arena or whether we want prosecutors to be spending time and resources in this area.