Do Not Spam List Well Intention, but Misguided
With the recent fanfare over the national do not call list flocked to by millions of Americans seeking refuge from annoying telemarketers its no surprise that politicians are pushing a similar registry for spam. It's a money issue, as the consultants say. Who wouldn't be against spam? I am. So is just about everyone I know. But, as usual being for or against spam is not the real issue. Like many issues facing us, the choices on how to address the problem are more subtle than the black and white approach to problem solving that's en vogue with our leaders.
Led by Senator Chuck Shumer (D-NY), the Senate overwhelmingly passed legislation to establish a national do not spam list. Again, its good politics. Over 75% of Americans favor the creation of such a list. Shamelessly basking in the glow of his political point scoring, Senator Shumer stated: "Americans scored their first major victory today in the effort to take the Internet back from spammers." "This deal paves the way for the creation of a first-of-its-kind registry that will empower people to protect themselves from the onslaught of email clogging their in-boxes. The vast majority of Americans say they want a do-not-spam registry, and today the Senate is granting them their wish." The campaign consultants love this kind of feel good, please-the- public politics. But, good politics doesn't always make good policy.
There is no question spam is a problem. It hampers small business and annoys most of us. In worst cases its used for fraud. The most common forms of spam include advertisements for online gambling services, pornography, herbal remedies or financial schemes, many of which are fraudulent in nature. Some experts estimate that spam costs American businesses, including many small businesses least able to pay, $10 billion a year in productivity losses, equipment expenses and employing technicians on computer help desks. So, yes we need to do something. But, creating a do not spam list isn't the answer.
The Senate bill calls for the Federal Trade Commission, the agency maintaining the popular and useful do not call list, to deliver a plan to Congress for creating a no-spam registry within six months and authorizes it to implement the plan within 9 months. One problem there is that the FTC Chairman, appointed by President Bush, doesn't believe the do not spam list is a good idea. Is he pro-spam? Of course not. He and his able staff have been working long and hard to keep spam in the can. (Sorry, his pun not mine.)
Many of the spammers are already breaking laws by engaging in deception and/or fraud. People already breaking laws are not likely to follow a new law.
Although some complain they aren't doing enough, Internet Service Providers are already putting forth technological solutions for fighting spam. I use Microsoft email and their spam filter does a decent job of keeping my inbox clean allowing me to navigate my real email. The private sector & Bill Gates will no doubt continue to invest resources in fighting spam because its in their bottom line interest to do so. Nothing prompts a good solution like making a buck!
Instead of spending money on maintaining a somewhat useless list, the Senate should put more resources to the FTC and Department of Justice to go after spammers.
We need to spend less time on "feel good" legilsation and more time on meaningful solutions.