Good presentation by Anne Mitchell, ex-Habeas CEO, now of ISIPP — ‘False Positives: the Baby in the Bathwater’ and ‘Putting the Responsibility for Spam where it Belongs: The Case for Vendor Liability’ (PDF, 317KiB). Note this bit:
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In June of 2003, ISIPP’s Anne Mitchell worked closely with Senator John McCain’s office to help develop and draft legislation which would hold vendors liable for advertising in spam.
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This legislative draft was introduced as an amendment to the Burns-Wyden CAN-SPAM Act, and adopted by committee as part of the bill. Vendor liability is now part of the Burns-Wyden bill.
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The proposed legislation makes liable any vendor who advertises in spam which violates the general provisions of the law.
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Exceptions are made if the vendor truly did not know, and could not have been reasonably expected to know, that their information would go out in spam.
That could be interesting.