NEPA executive director issues urgent alert on federal anti-spam legislation.

Patti Wysocki, executive director of the Newsletter & Electronic Publishers Association, urged U.S. newsletter publishers to lobby their representatives in the House to pass a relatively reasonable bill that would preempt more restrictive state laws.

"Congress is now in the throes of creating a unified federal law regulating the practice of e-mail marketing," she wrote. "While most businesses and many lawmakers are often leery of federal regulation, the rapid spread of onerous state anti-spam laws makes it imperative that Congress step in to straighten out what Tom Curley of NEPA counsel Levine, Sullivan, Koch &Schultz LLP called 'a crazy quilt of inconsistent state laws regulating unsolicited commercial e-mail [which] places a real burden on internet businesses, most of whom market their products across state lines and who often do not know in which state a particular e-mail recipient is physically located.'

"Of particular concern is California's tough new law, which goes into effect Jan. 1, making it illegal to send an unsolicited commercial e-mail to any California resident (with some exceptions) or through a California-based e-mail service provider. The bill could affect any business sending commercial e-mail solicitations to California, no matter where the business is located. And California law allows individuals to bring civil lawsuits if they receive unwanted e-mails."

Bill already passed in Senate

Wysocki continued, "The Senate has already passed an anti-spam bill that prohibits misleading header information and gives e-mail recipients the right to opt-out of future solicitations. It would preempt state laws regarding spam, including California's new law.

"Several similar bills are also pending in the House, among them the Reduction in Distribution of Spam Act, co-sponsored by Rep. Richard Burr, R-NC, House Energy and Commerce Committee Chairman Billy Tauzin, R-LA, and House Judiciary Committee Chairman James Sensenbrenner, R-WI. That bill, which has the support of many in the marketing community, would also expressly preempt more restrictive state laws.

"Tauzin and Sensenbrenner head the two House committees through which any spam legislation must pass to reach the House floor, but passage of their legislation is by no means assured. The bill has been attacked by consumer groups as too weak and more restrictive alternatives are starting to generate bipartisan support," Wysocki said.

Contact your Representative

"If you are a U.S. publishing company, you can help get that bill, a modified version of it or other bills being considered by the House passed. It's vital that you contact your own House member now and urge him or her to pass a bill before Congress recesses for this year."

Wysocki urged publishers to visit or call their Representatives. "Go to www.house.gov and you can get a list of telephone numbers (and e-mail addresses)," she said. "Tell your Representative a reasonable federal law is needed and needed now!

"And while you're at it, call or e-mail House Speaker Dennis Hastert, R-IL, and urge him to exert his influence to get action on a House bill. His phone number is 202-225-2976 and his e-mail is [e-mail]."

NEPA, 1501 Wilson Blvd., #509, Arlington, VA 22209 703-527-2333, fax [phone], www.newsletters.org