www.pugetsoundresearchforum.org/research_article_16.asp -
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Published on: 5/3/2006
Last Visited: 3/21/2007
Bill Ashworth, Policy Counsel for Microsoft, presented "Electronic Marketing: Current Legal Issues, Overview of State/Federal Laws and Legislation."His presentation summarized several competing proposals working their way through the legislative process at Federal and State levels.
Among the specific proposals that he reviewed included S. 877 (Burns/Wyden) at the Federal level, which included enforcement provisions via the FTC and State AG's (Attorney General) involving a cap of $1 Million with factors for triple damages.
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Mr. Ashworth pointed out that some years ago, Microsoft had offered a "trusted sender" technology, but at the time it had not gained much traction in the marketplace.
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Mr. Ashworth's concluding observation contained considerable insight as a summary when he observed that once "best practices" have become established, they tend to set a negligence standard for future lawsuits (and perhaps political response as well).
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William Ashworth, Policy Counsel for e-commerce, privacy and spam issues at Microsoft. e-mail: billashw@microsoft.com .
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