"The Committee will come to order.  The Chair recognizes himself for an opening statement.

"The Internet has brought us new, efficient, and exciting ways to communicate with one another.  Consumers who used to receive commercial solicitations from companies only in their mailbox and over the telephone, for instance, now can receive such messages via their computer terminal.  We are meeting this morning to fight abuses of this new form of marketing, called Unsolicited Commercial E-Mail or SPAM.

"H.R. 718, the Unsolicited Commercial Electronic Mail Act of 2001, provides individuals and Internet Service Providers the opportunity to opt out of receiving these unsolicited commercial e-mails.  Just as consumers have the right to deny direct mail materials, or be placed on a "do not call" telemarketing list, they too, should have the right to chose not to receive advertisements through their e-mail accounts. 

"At the outset, I would like to thank the Members who have done all the hard work to bring this important consumer protection issue before this Committee.  Similar legislation in the 106^th Congress passed on the floor of the House by a vote of 427 to 1.  This year, Mrs. Wilson and Mr. Green have worked hard to improve and update their legislation and respond to the concerns raised by both ISPs and the Internet User community.  They have operated with a complete open door policy to listen to all affected parties, and have made many revisions to improve the bill.  In the end, this open mindedness and willingness to compromise is what is going to help this bill become law, and I think it will become law this year. 

"I also want to commend the Ranking Member of the Full Committee, Mr. Dingell, Mr. Upton, Chairman of the Telecommunications and the Internet Subcommittee, Mr. Markey, the Ranking Member of the Subcommittee, and the gentleman from California, Mr. Cox, who has taken a special interest in this legislation, for spending many hours discussing the substance of this bill.  Their efforts are reflected in the strength of the bill before us today. 

"Finally, I want to recognize the wide variety of groups in private industry who have diligently worked with staff in order to produce a fair compromise.  We know that there are many diverse interests surrounding these issues.  Last week, for instance, I challenged the Direct Marketing Association and the user community to come forth and work with us, and I am happy to say that they have stepped up to the plate.   I know they don't love this bill, but I think that they all can agree that there have been some significant improvements.  They have represented their interests well.  I look forward to working with these groups as the process moves forward.

"In response to concerns raised over the last week, the authors of the bill have made changes to somewhat controversial provisions and made the bill much more workable.  For instance, ISP's can use the provision in section 5(b) in order to 'Opt-Out' from receiving more unsolicited mail on behalf of their customers, in the same fashion that individuals can opt out for themselves.

"As we debate this legislation, we must keep in mind that there are very bad actors out there.  Fraudulent e-mails will always exist, and this bill attempts to combat that.  E-mails that offer links to pornographic web sites or e-mails designed to clog up networks and corrupt children will be prosecuted, as they should be, under Section 4. 

"Most marketers, however, are legitimate.  After objections from an individual or an ISP, legitimate marketers who spam will find out that repeated unsolicited e-mail is against federal law.  My guess is that they will most likely refrain.  This legislation will get to the bottom of the problem, and the result will be happier consumers and a healthier Internet. 

"Again, many thanks to the sponsors of this bill and to those who have worked to bring this strong product before the Full Committee this morning."