Nevada Assembly wants to fine e-mail spammers

The Nevada Assembly voted Monday to fine spammers who send unsolicited e-mail advertising -- but lawmakers' admit that enforcing the bill is problematic.

Assemblywoman Barbara Buckley, D-Las Vegas, said AB93 targets advertising and doesn't extend to political speech.

But Buckley also said she doesn't know whether Nevada would be able to enforce the law. Some companies might be outside the country, or work with a server outside the state.

Buckley said she hopes the increased penalty in AB93, now moving to the Senate, would entice some people to go through the trouble of trying to collect.

The bill would let spam recipients recover $500 per piece of mail if their e-mail address was obtained "through a method that was not authorized by the recipient."

Companies also could be made to pay $500 in damages if they disguise the mail as non-advertising, use false or misleading information in the subject line, ignore requests by the recipient to be taken off their mailing list or provide a phony return address.

The bill also increases to $50 per piece of e-mail the amount people could get as compensation under situations not covered by the enhanced penalties.

Companies also would be required to use the abbreviation "ADV" or the word "advertisement" as the first word of the subject line in the e-mail.

About 20 states currently have laws enacted that require spam be identified as advertising.

Companies, if found guilty, also could be required cover the recipient's legal fees.