Posted on: Thursday, September 25, 2003

EDITORIAL
It's time for Hawai'i to get tough on spam

While California's recall election might seem kooky, the Golden State sure knows how to deal with spam.

Gov. Gray Davis just signed legislation that covers all unsolicited commercial e-mail sent or received in the state and imposes fines of up to $1 million per violation.

Not only does the law go after the companies that send spam to consumers, but also the companies whose products and services are being advertised.

And because many spam operations are based outside the United States, the law gives the state attorney general the power to go after bank accounts and other financial holdings of foreign companies convicted of illegally sending unwanted e-mail into California.

Not too many loopholes there.

Hawai'i would do well to follow California's example in the battle against spam. The Aloha State is not among the two dozen states that have passed anti-spam laws. Yet we're just as inundated with unsolicited Internet advertising, not to mention scams, hoaxes and viruses.

As we've said before, spam is virtual harassment. Must we be bombarded each few minutes with ads for sex aids and prescription tranquilizers?

It's a pity there isn't a national do-not-spam list. Speaking of that registry, a U.S. District Court in Oklahoma has blocked the national "do-not-call" list that some 50 million households have signed up for to stop unwanted telephone sales calls.

A federal judge ruled that the Federal Trade Commission cannot enforce the registry because it violates the rights of telemarketers under the First and Fifth Amendments. The FTC, which is appealing the ruling, contends that the do-not-call registry is an appropriate interpretation of Congress' orders to prevent abusive and deceptive telemarketing practices.

We're not sure how the ruling will impact anti-spam laws. But if anyone has questions, they might want to call the judge at dinnertime.