MDN.ORG:
Missouri Digital News
MDN.ORG
Mo. Digital News
Missouri Digital News
MDN.ORG:
Mo. Digital News
MDN.ORG:
Missouri Digital News
MDN.ORG:
Missouri Digital News
MDN.ORG
Mo. Digital News
Missouri Digital News
MDN.ORG:
Mo. Digital News
MDN.ORG:
Missouri Digital News
JEFFERSON CITY - Spam would be punished under a measure given initial approval by Missouri's House, Tuesday.
The bill would allow unwanted e-mail advertisements, also known as "spam," to be reported to the Attorney General's office.
Violators would be fined $5,000 per e-mail, but not more than $25,000 per day.
"Right now there is no relief in the state of Missouri. I mean we are subject to any unsolicited commercial e-mails that are out there; child pornography, pornographic solicitations and things like that. There is no protection at this point," said the bill's sponsor, Rep. David Pearce, R-Warrensburg.
Initially the bill would have included a section that targets solicitations of child pornographic sites by giving them thirty days to remove those sites before they were fined.
This provision was expanded in an ammendment allowing the Attorney General to eliminate any pornographic material that was reported as being a nuisance.
The ammendment, which received strong support, would raise some constitutional concerns Pearce said.
"It's hard to vote against something like that. One of the good strong components of (the bill) was to eliminate child pornography. Now that aspect is out and it might throw some constitutionality issues. It's still a good bill," Pearce said.
However, Rep. Rick Johnson, D- St. Louis County, does not agree that allowing the Attorney General to eliminate any pornographic material is unconstitutional.
"I don't interpret the legislation to give the Attorney General the ability to go out willy nilly around the country and just start taking down pornographic websites whether or not people may like that or not like that," Johnson said.
"I recognize that the first ammendment protects the right of people to speak, it does not guarantee that I have to listen to them. It does not guarantee the right that I should have to receive e-mails from them," Johnson said.
Also in the bill are provisions that would exempt state liscensed employees from being liable for their e-mails.
Johnson, however said that these exemptions only weaken the effect of the bill.
"Now the exeptions are much like the English language, where the exemptions are larger than the rules, it seems to me. I will probably still support it because it is a step. Maybe we'll see in the next couple of years, legislation to close these exemptions as well," Johnson said.
Although both lawmakers agreed that the bill would be a step in the right direction, Pearce said it is impossible to illiminate every piece of bad e-mail without eliminating some that are also wanted.
"All of these things, whether they're no call, junkmail or e-mail solicitation, there is no way to prevent 100 percent from coming into your home, or your mailbox or the telephone, but this legislation is a step in the right direction," Pearce said.
No member rose to speak in opposition of the bill, which faces one final vote in the House before going to the Senate.