Phishing for jail time

The 2004 Can Spam Act that Congress rushed to pass has failed to keep computer inboxes from overflowing with unsolicited electronic mail that wastes time and money, spoils efficiency and spreads viruses. Because the real objective was to supercede California's and other states' toothy penalties that were about to take effect, the law's impact was to tell purveyors how they can spam. Florida followed with its own law whose $500 civil fine hasn't proved a deterrent.

Fortunately, the scammers who have forced users to delete thousands of bulk e-mail solicitations soon may have to stop hitting the "send" button. The Slam Spam bill that state Rep. Ari Porth, D-Coral Springs, is filing in the House and Sen. Dave Aronberg, D-Greenacres, is filing in the Senate would add criminal penalties of up to five years in prison to the existing state law.

It's child's play for spammers to transmit 10,000 false or misleading commercial e-mail messages in a 24-hour period. Or to e-mail 100,000 recipients in any 30-day period, or 1 million in a year. It's also a simple matter to generate $1,000 in revenue from a spam solicitation, or $50,000 in total revenue from messages to any electronic service provider or subscriber, or to use minors to assist. Exceeding those parameters would evoke a third-degree felony under the legislation that would take effect next July.

In contrast, under the opt-out requirement of the federal law, responding with a request to be removed from spam lists too often has resulted in more of it from solicitors happy to know they got someone's attention. Complaints simply prompt spammers to change e-dresses and continue sending, while unwary victims are taken in by phony "phishing" solicitations.

Sen. Aronberg said he learned while serving as an assistant state attorney general "that civil penalties only go so far. The only thing that dissuades fraudulent activity is criminal penalties -- jail time." The legislation contains the proper caveats. It specifically states that legitimate businesses and computer service providers are not the target, rather such unfair and deceptive trade practices as misleading or come-on subject lines.

With most of the world's junk e-mail originating in Palm Beach County, which he called "ground zero" for spam, Sen. Aronberg is correct that that's not a distinction we want. The Legislature has a responsibility to take substantive action rather than wait for Congress to make spammers log off.