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Wednesday, July 06, 2005

Do-not-email-kids registries

Parents in Michigan and Utah will soon be able to put their children's email addresses on the two states' new do-not-email lists. "Send a raunchy email to a minor, and you may wind up in jail" is the gist of the states' new laws creating the registries, CNET reports. "Anyone who goes ahead and sends email deemed to be off-color or 'harmful to minors' could be imprisoned for up to three years." Sounds good on the surface, CNET says, but the legislation is poorly written (say civil rights organizations) and could soon be challenged in court on First Amendment grounds. The Federal Trade Commission rejected the idea of a do-not-spam registry in 2004 because it couldn't stop overseas or illegal spam. Another problem is that businesses that market (legitimately) via email don't know about the laws (which apply to anyone sending email *into* the two states) and, when they do, costs will mount ("the monthly fee would be $120 to keep a million-person mailing list scrubbed and current"), though that won't concern kids or parents. The FTC already addressed the issue about illegitimate businesses, and let's hope no malicious hackers gain access to the databases of children's email addresses. CNET explains the laws in greater detail, concluding that they "could become a harbinger for the rest of the nation." The Salt Lake Tribune later reported that Utah's anti-spam law, scheduled to go into effect July 1, was delayed two weeks. Here's the Detroit News and a somewhat sarcastic report from The Inquirer that would give all child advocates pause.

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