05 LC 28
2150
Senate
Resolution 111
By:
Senators Staton of the 18th, Shafer of the 48th, Williams of the 19th, Chance of
the 16th, Douglas of the 17th and others
ADOPTED
SENATE
A
RESOLUTION
To
urge Congress to amend the federal CAN-SPAM Act to allow the states greater
authority in attempting to curtail and to regulate the transmission and receipt
of unwanted, unsolicited, and deceptive electronic mail; and for other
purposes.
WHEREAS,
electronic mail has become an important and popular means of communication,
relied on by millions of Georgians on a daily basis for personal and commercial
purposes; and
WHEREAS,
the low cost and global reach of electronic mail make it convenient and
efficient and allow electronic mail to serve as a catalyst for economic
development and frictionless commerce; and
WHEREAS,
the convenience and efficiency of electronic mail are threatened by an
ever-increasing glut of unwanted, unsolicited, offensive, and often deceptive
commercial electronic mail whose senders engage in a variety of fraudulent and
deceptive practices to hide their identities, to disguise the true source of
their electronic mail, and to evade the criminal and civil consequences of their
actions; and
WHEREAS,
unwanted and unsolicited commercial electronic mail imposes costs upon its
ultimate recipients who are forced to receive, review, and delete such messages
and upon the electronic mail service providers forced to carry the messages;
and
WHEREAS,
states have a paramount interest in protecting their businesses and citizens
from the deleterious effects of unwanted, unsolicited, and deceptive commercial
electronic mail, including the impermissible shifting of cost and economic
burden that results from such commercial electronic mail; and
WHEREAS,
the federal Controlling the Assault of Non-Solicited Pornography and Marketing
(CAN-SPAM) Act, Public Law No. 108-187, severely limits the abilities of the
states to control or regulate this unwanted, unsolicited, and deceptive
commercial electronic mail; and
WHEREAS,
the federal CAN-SPAM Act does not do enough to stop the assault of this
electronic mail on the people of this state and nation and has not been
effective in stemming the tide of this problem.
NOW,
THEREFORE, BE IT RESOLVED BY THE SENATE that the members of this body urge
Congress to amend the federal CAN-SPAM Act to permit the states greater
authority in attempting to curtail and to regulate the transmission and receipt
of unwanted, unsolicited, and deceptive electronic mail.
BE
IT FURTHER RESOLVED that the Secretary of the Senate is authorized and directed
to transmit appropriate copies of this resolution to the members of the Georgia
congressional delegation.