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["Alan MacHett" <machett AT ibiblio.org>]

Michael D. Thomas said:
>>
>> It provides no private right of action for
>> recipients of spam to get recourse against spammers,
>
> Indeed! IMHO, private right of action is absolutely necessary for any
> anti-spam legislation to have even the possibility of countering spam.
> Whether any legislation could counter spam is another debate, but bad
> legislation will probably only exacerbate the situation.

I suppose I need clarification of what is meant by "private right of action":

SEC. 104. PROHIBITION AGAINST PREDATORY AND ABUSIVE COMMERCIAL E-MAIL.
(a) OFFENSE-
(1) IN GENERAL- Chapter 47 of title 18, United States Code, is amended by
adding at the end the following new section:
'Sec. 1037. Fraud and related activity in connection with electronic mail
'(b) PENALTIES- The punishment for an offense under subsection (a) is--
'(1) a fine under this title, imprisonment for not more than 5 years, or
both, if--
'(2) a fine under this title, imprisonment for not more than 3 years, or
both, if--
'(3) a fine under this title or imprisonment for not more than 1 year, or
both, in any other case.
'(c) FORFEITURE-'