Spam Beats Chuck

Euguene Volokh has two excellent objections to Chuck Schumer's anti-spam bill: It would "outlaw a good deal of pretty normal behavior," and its provisions to create a National No-Spam Registry would create a "goldmine of e-mail addresses" for offshore spammers.

Comments

[Skip Oliva]

The bill's real flaw is that it vests enforcement power with the Federal Trade Commission. The FTC is arguably the least accountable law enforcement agency in the federal government, and that's saying something. FTC defendants are generally denied genuine due process, and almost all FTC prosecutions result in quick settlements that grant the commission (and its staff lawyers) whatever relief they want.

Schumer's bill essentially expands the FTC's jurisdiction to include virtually any business that uses e-mail. Thus, it will be in the FTC's sole discretion to decide what e-mail is acceptable and which is not. This is not a slippery slope argument, merely a statement of how the FTC operates. And Congress will likely do nothing to stem any abuse. The FTC rarely receives any genuine congressional oversight. Indeed, when Congress does discuss the FTC, it's usually to hand them more power to deal with some pet project, such as spam.