Debunking the Myth: S.1618 - 105th Congress and Unsolicited Emails

The Misconception about S.1618 - 105th Congress

Have you ever received an unsolicited email that includes a paragraph claiming compliance with a new email bill, specifically section 301 under Bill S.1618 TITLE III passed by the 105th U.S. Congress? The paragraph usually states that the email cannot be considered spam as long as there is an option to be removed. This claim, in simple terms, is false.

The Truth about S.1618 - 105th Congress

The U.S. Senate Bill 1618, also known as the Anti-slamming Amendments Act, did contain a Section 301 that pertained to the transmission of unsolicited commercial electronic mail. The bill was approved by the U.S. Senate on May 12, 1998, and referred to the House Committee on Commerce on October 21, 1998. However, the bill died in committee and was never passed into law by the 105th Congress. No similar legislation has been passed by the 106th Congress or any subsequent Congress. This information has been confirmed through the U.S. Senate records and inquiries with senators.

The Misuse of S.1618 - 105th Congress in Spam Emails

The paragraph often quoted in spam emails is incorrect since the bill never became law. Even if it had, the emails citing this bill are generally deficient in compliance with the proposed law. The bill, had it passed, would have required the following in respect to email:

SEC. 301. REQUIREMENTS RELATING TO TRANSMISSIONS OF UNSOLICITED COMMERCIAL ELECTRONIC MAIL.

(a) INFORMATION TO BE INCLUDED IN TRANSMISSIONS-

(1) IN GENERAL- A person who transmits an unsolicited commercial electronic mail message shall cause to appear in each such electronic mail message the information specified in paragraph (2).

(2) COVERED INFORMATION- The following information shall appear at the beginning of the body of an unsolicited commercial electronic mail message under paragraph (1):

(A) The name, physical address, electronic mail address, and telephone number of the person who initiates transmission of the message.

(B) The name, physical address, electronic mail address, and telephone number of the person who created the content of the message, if different from the information under subparagraph (A).

(C) A statement that further transmissions of unsolicited commercial electronic mail to the recipient by the person who initiates transmission of the message may be stopped at no cost to the recipient by sending a reply to the originating electronic mail address with the word 'remove' in the subject line.

The Reality of Spam Emails

Very few, if any, spam emails citing this "law" as justification for their transmission contain the information required by paragraphs (2)(A) & (B). In fact, the reply addresses provided in these emails are often invalid. Even when these emails provide a means to "remove" yourself from their mailing list, the provided address or URL is usually false.

This type of misinformation spreads rapidly, leading many to believe it as truth. It's akin to the numerous forwarded emails claiming that Microsoft will pay you for each person you forward the message to. The use of this false "law" in sending unsolicited email advertisements does not change the fact that they are still spam. It should also raise questions about the integrity of the sender and whether you should engage with them.