CyberLaw Attorney Eric Menhart recently testified as an expert guest before the Council of the District of Columbia on the Council’s proposed Spam Deterrence Act of 2007. A copy of his testimony is available here.
Menhart recommended that the proposed bill calculate damages on a per message basis, eliminating exceptions for “an established business relationship,” and including liability for “rogue” ISPs that enable spammers to operate on their networks. Finally, Menhart recommended statutory authority allowing limited jurisdictional discovery for any plaintiff that offered a well-pled complaint.
While the measure has not yet passed, at least one Councilmember expressed optimism that it would become law in 2008.