Re: spam whore, norcal-systems.net
At 11:58 PM 2/2/1999 -0500, Ravi Pina wrote:
In regards to no law dealing with "unsolicited or misleading electronic mail", what about Washington State Law RCW 19.190.020. Source: ftp://ftp.leg.wa.gov/pub/rcw/title_19/chapter_190/rcw_19_190_020
Norcal appears to be in California. Av8 is in New Hampshire or Mass. depending on which mail server was used. The communication between the two is interstate commerce subject to federal law. Washington state law wouldn't apply. The rest of this is a bit of a digression on the Washington law. The Internet is primarily interstate. So state laws can probably be easily challenged as unconstitutional attempts to regulate interstate commerce. This one is more careful to make sure its boundaries are the state of Washington. This particular law is foolishness because it only applies to things that are already illegal: Using a third party domain name is a trademark infringement anywere in the US. There are several successful court cases on just this topic. Much spam doesn't have a misleading subject. Some does. But I'd say more than half or 3/4ths doesn't. The part that has misleading subjects aren't the major spammers. And not least, its not likely that any major provider is going to be "Washington only". Aol might have servers in Washington, but who knows what users are in Washington. The laws major effect is that spammers in Washington must include something in the subject to indicate its commercial. Big deal. Not much of an anti-spam law. The interesting thing about this particular law is the part you didn't mention. It includes a section about immunity from liability for blocking UCE. Since the only liability is Federal & criminal, and would be found in a federal court with fines payable to a federal court and jailtime served in a federal prison, I'm not sure how this would work. There is a civil liability section in the ECPA, but I didn't think a state could invalidate a judgement made by a federal court. But its certainly a new twist. This will be an interesting one to watch. --Dean ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Plain Aviation, Inc dean@av8.com LAN/WAN/UNIX/NT/TCPIP http://www.av8.com ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
On Wed, Feb 03, 1999 at 02:59:21PM -0500, Dean Anderson wrote:
At 11:58 PM 2/2/1999 -0500, Ravi Pina wrote:
In regards to no law dealing with "unsolicited or misleading electronic mail", what about Washington State Law RCW 19.190.020. Source: ftp://ftp.leg.wa.gov/pub/rcw/title_19/chapter_190/rcw_19_190_020
The interesting thing about this particular law is the part you didn't mention.
No, the interesting thing is you only chose to respond to this law I cited and none of the other points I brought up. Remind me agian what crusade you're on, and where do you sign up? -r -- finger ravi@happy.cow.org for pgp key "Sometimes one pays most for the things one gets for nothing.: -- Albert Einstein
-----BEGIN PGP SIGNED MESSAGE----- Hash: SHA1 If you get a court judgement in California you might be able to turn the claim over to TRW and let the collection agency either trash their credit or collect the fees owed. - - James D. Wilson "non sunt multiplicanda entia praeter necessitatem" William of Ockham (1285-1347/49) - -----Original Message----- From: owner-nanog@merit.edu [mailto:owner-nanog@merit.edu]On Behalf Of Dean Anderson Sent: Wednesday, February 03, 1999 9:59 AM To: ravi@cow.org; Christopher Neill; ravi@verio.net Cc: nanog@merit.edu Subject: Re: spam whore, norcal-systems.net At 11:58 PM 2/2/1999 -0500, Ravi Pina wrote:
In regards to no law dealing with "unsolicited or misleading electronic mail", what about Washington State Law RCW 19.190.020. Source: ftp://ftp.leg.wa.gov/pub/rcw/title_19/chapter_190/rcw_19_190_020
Norcal appears to be in California. Av8 is in New Hampshire or Mass. depending on which mail server was used. The communication between the two is interstate commerce subject to federal law. Washington state law wouldn't apply. The rest of this is a bit of a digression on the Washington law. The Internet is primarily interstate. So state laws can probably be easily challenged as unconstitutional attempts to regulate interstate commerce. This one is more careful to make sure its boundaries are the state of Washington. This particular law is foolishness because it only applies to things that are already illegal: Using a third party domain name is a trademark infringement anywere in the US. There are several successful court cases on just this topic. Much spam doesn't have a misleading subject. Some does. But I'd say more than half or 3/4ths doesn't. The part that has misleading subjects aren't the major spammers. And not least, its not likely that any major provider is going to be "Washington only". Aol might have servers in Washington, but who knows what users are in Washington. The laws major effect is that spammers in Washington must include something in the subject to indicate its commercial. Big deal. Not much of an anti-spam law. The interesting thing about this particular law is the part you didn't mention. It includes a section about immunity from liability for blocking UCE. Since the only liability is Federal & criminal, and would be found in a federal court with fines payable to a federal court and jailtime served in a federal prison, I'm not sure how this would work. There is a civil liability section in the ECPA, but I didn't think a state could invalidate a judgement made by a federal court. But its certainly a new twist. This will be an interesting one to watch. --Dean ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ Plain Aviation, Inc dean@av8.com LAN/WAN/UNIX/NT/TCPIP http://www.av8.com ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ -----BEGIN PGP SIGNATURE----- Version: PGP 6.0.2 Comment: Spammers are NetAbusers - Jail Them With The Other Criminals iQA/AwUBNrlEzDAufbtGOmgdEQKOhQCfSKvc1wW8uPTCT3WNCpocUSQMgJ0AoM6n uic0WNwaGEKQwIst0I8fa1sM =GOaS -----END PGP SIGNATURE-----
participants (3)
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Dean Anderson -
James D. Wilson -
Ravi Pina