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State cracks down on spam clogging private email

They are the bane of cyber society: mass e-mails known as spam that clog the mailboxes and try the patience of Internet users.

The spam outbreak has reached epidemic proportions. Internet service providers such as Earthlink say that spam now accounts for as much as 70 percent of all e-mail being sent. Earthlink has seen a 500 percent increase in spam e-mail traffic over the past 18 months, according to company spokesman Jerry Grasso. "This is a very real problem for us and our customers," he said.

While there is not yet a federal law to regulate spam, Pennsylvania and some other states have begun implementing regulations to restrict and reduce unsolicited e-mails. Pennsylvania law now prohibits mass e-mails that include false or misleading information in the e-mails' subject lines, lack of a valid return address, lack of a valid e-mail address or toll-free number that can be used to prevent future messages and unsolicited ad messages sent to cell phones.

"The costs of spam to companies and consumers is staggering," said John Mozena, spokesman for the Coalition Against Unsolicited Commercial E-mail. "It also damages a person's ability to access and utilize the Internet to its fullest capacity. Things are really getting worse right now, not better."

The new law aims to change that in Pennsylvania. Since its passage two months ago, the state attorney general's office has received 146 complaints of spam e-mails. Barbara Petito, spokeswoman for Attorney General Mike Fisher, said the office must receive at least five or six calls about a spam e-mailer before they will investigate.

But anyone breaking the new guidelines will face a third-degree misdemeanor charge, which could bring a fine of at least $1,000. Fines against spammers increase to $3,000 if they target consumers over the age of 65, Petito said. State residents can report illegal spamming on the attorney general's Web site, www.attorneygeneral.gov or at spam.attorneygeneral.gov.

Many states have harsher spam restrictions than Pennsylvania's.

Lawmakers in Virginia recently passed a law that makes spamming a felony. Beginning July 1, anyone found guilty of sending more than 10,000 pieces of unsolicited, commercial e-mail, would be subject to a prison term of up to five years, fines and forfeiture of any assets associated with, or profits made, through their mailings.

The new law is the strongest anti-spam legislation in the country.

"Unless there are real stiff penalties, people are not going to stop," said Carrie Cantrell, spokeswoman for Virginia Attorney General Jerry Kilgore. "Not only is it a frustration for consumers ... but it is also a frustration for businesses."

The rush to stop spam has not been limited to government. Internet providers such as America On-line and Earthlink have been updating their services to combat spam.

Jonathan Rosenson, director of strategic initiatives for Stargate, a Pittsburgh-based ISP, said the company offers subscribers a service that scans all e-mails for known spam senders and "hot button" words that indicate an unwanted mass e-mail. To help offset the cost of operation, Stargate charges its users $1 per month extra for the service.