A “Sunshine” Proposal for Federal Legislation Modeled after Custodian of Records Law requiring Proof of Age of Adult-Movie Performers (18 USC 2257) All commercial email (including solicited) must disclose a “custodian of records” (US resident, address, phone, email) Failure to disclose = presumption of spam and high civil penalties (dollars per email) False disclosures = criminal penalties Disclosures subject to reasonable due diligence Truthful disclosures, but inadequate records = reduced statutory damages (fraction of penny per email) |