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Thursday, Feb. 25, 1999

New Virginia law aims to put AOL spammers in the slammer

Associated Press

   RICHMOND, Va. - Virginia is making criminals out of flagrant junk e-mailers with a new law to protect computer users from getting "spammed" with pitches for weight-loss plans, get-rich-quick schemes and pornography.
   The legislation approved Tuesday makes Virginia the nation's fourth state to pass an anti-spamming law, and 18 others are considering them, said the National Conference of State Legislatures.
   Like Virginia, California's law allows for the jailing of some spammers while laws in Washington and Nevada impose civil fines.
   Among those seeking the law -and its biggest beneficiary - was America Online, the Virginia-based company whose 16 million subscribers make it the biggest Internet service provider.
   The legislation would cover junk e-mail sent through any Internet service provider based in Virginia, meaning that AOL could use the law against spammers from other states who bombard its subscribers.
   The measure also protects Virginia Internet service providers such as AOL from being sued by computer users who receive spam.
   "This law gives us more tools to use in the fight against spam," said Randall Boe, associate general counsel for AOL, which already has sued more than 40 individuals and companies to stop junk e-mail and collect damages.
   But civil libertarians say Virginia and other states are rushing to unconstitutionally curtail commercial free speech on the Internet.
   "It is simply too early in the life of the Internet to begin creating restrictions of this kind," said Kent Willis, executive director of the American Civil Liberties Union in Virginia.
   

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