Chuq,
I think a better approach at least for the first cut is to
work towards
attacks on spam for the fraudulent aspects, as in making it
illegal to
send e-mail with fraudulent return addresses to try to give ISPs a
hatchet to go after the folks using open relays. Worry about how to
deal with badly behaving mass mailers using real addresses through
other means, or as a second round of legislation.
I live in Washington State, where we have already passed the legislation you
propose. I can tell you, unfortunately, that I don't receive any less spam
than you do. We can theoretically pursue lawsuits against spammers in small
claims court to the tune of $500 per offense, but I have not heard of one
single spammer (not one) who has actually been forced to pay under this law.
One questions the usefulness of a legal solution to the problem, and even
whether the court system is designed to handle this volume of lawsuits. (Do
we need spammers clogging up our court system also?)
-J
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