A proposal to make emailing spam a civil crime

Author: Jared Fallon

Despite the fact that it can be fun to find you’ve won $5,000,000 inheritance from your now deceased uncle in Nigeria or are offered to buy a 2008 oil tanker, there is currently a bill on the table that would make such emails a civil crime. According to Gartner, Inc., an IT industry research and advisory company, “between August 2006 and August 2007, roughly 3,500,000 United States computer users were victims of phishing scams, and suffered losses totaling $3,200,000,000.” Spam is something we all hate to love, but despite the fact that it can be…fun… several US senators are trying to make such acts worthy of a conviction and hefty crime.

Senator Olympia Snowe (R-ME), backed by Bill Nelson and the convicted felon/Congressmen Ted Stevens, are proposing S.2661, a bill that would allow the FCC to determine and enforce whether or not you’ve been “phishing”. Senator Snowe estimates that 59,000,000 phishing emails are sent per day with nearly 1/6 actually being opened by the recipients. Under section 3 of the bill, “Phishing; Related Deceptive Practices” the enforcement outlines up to $2,000,000 in penalties if a person is found knowingly identifying false or misleading information. The bill seems to weigh especially heavy if a person is found misrepresenting a government division, despite the fact that non profits, business, and other entities are covered. In addition, the jail time for such a conviction can last up to 5 years – a long enough time to make people think twice as to whether or not it’s truly worth the risk to offer Viagra at cost. Even though it’s always nice to see you can make free long distance calls to your aunt in China or that Mike Smith (a long time friend of everybody’s) has found a new job for you and only requires your birthdate and social security number in return, your inbox may not be quite as full a year or so from now.