Sending text message spam may cost $11,000

Author: Jared Fallon

Senator Gordon Smith (R-OR) has a proposal on the table aiming to “prohibit text message spam”. Smith gave his bill the name the “Do-Not-Text Act of 2008” – a rather strange title for a proposal that aims at cutting down the nuisance frequently mirrored in your inbox. The bill’s enforcement is accomplished by amending the CAN-SPAM Act of 2003, which allows The Department of Justice to fine up to $11,000 per violation, as overseen by the FCC.  Smith also seeks to amend the Communications Act of 1934, using the Act as grounds for prior authorization for sending “service commercial messages”. The seven page bill currently has 3 cosponsors, including Bill Nelson, Mark Pryor, and Olympia Snowe – the latter currently proposing similar legislation to make sending spam over email a civil crime punishable up to $2,000,000. Smith’s bill is currently in the Committee on Commerce, Science, and Transportation and certainly is worth reviewing.

For those following Senator Smith’s GOP track record, despite the fact that he received 70% of the primary vote when re-running for office in 2008, he was rumored supporting Senator Obama in the presidential race. Accusations were first made after Smith tied his campaign to several of Obama’s ads in the attempt to reach young voters in Oregon. Regardless, Smith’s track record shows an overall trend of being more issue-oriented, as evidenced by this proposal being endorsed by 1 republican and 2 democrats.