Scope and Approach
commercial electronic message is illegal unless there isconsent; it is an excluded category; and message is in a prescribed form. (s.6)¬Malware -it is illegal as part of a commercial activity to install
computer program-good or bad-onto someone’s computer unless there is express consent and theprescribed disclosures are made. (s.8)¬Spyware -it is illegal as part of a commercial activity to install
computer programonto someone’s computer that transmits data of any kind from that computer unlessthere is consent and the prescribed disclosures are made. (s.8)¬Message routing -it is illegal to alter transmission data to route a message to anunintended destination. (s.7)¬Broad protection against false and misleading representations extending to headerinformation, subject matter lines, URLs, and the message itself.(s.75 and 77)¬Broad protection against collecting individuals’electronic addresses using automatedtools primarily designed for this purpose and collecting personal information over theinternet by accessing a computer in violation of federal laws. (s.82)¬Burden of proof for consents is on the person alleging they haveit. (s.13)¬The regulations will significantly affect the interpretation of the Act and are not yetpublished. Scope will be significantly impacted by the regulations.