another spam query - a few pointers/corrections...

[Dave Farber <dave () farber net>]

> Delivered-To: dfarber+ () ux13 sp cs cmu edu
> Date: Sun, 04 Jan 2004 13:02:22 -0500
> From: Ethan Ackerman <eackerma () u washington edu>
> Subject: RE: [IP] another spam query - a few pointers/corrections...
> To: dave () farber net
>
> Greetings Dave,
>
> With the new "anti-spam" law in effect as of January 1, your list has
> already had some questions about what exactly the law does and doesn't
> cover, and unfortunately, you've already posted a not-really-correct
> response.  Hopefully this humble email can be a good example of the net
> self-correcting errors.
>
> -First, the law:
> The full text of the legislation as passed can be accessed at
> http://thomas.loc.gov/cgi-bin/query/z?c108:S.877:
> (make sure the URL includes the final colon)
> Think of this as the RFC or standards document - it should answer most
> questions and is the actual "LAW" passed by congress and signed by the
> president.
>
> -To answer some of the earlier questions:
> Contrary to what an earlier reply you posted suggested, Section 5(a)4 of the
> new law explicitly prohibits (among other things)
> selling/leasing/exchanging/giving an email address away if that recipient
> has opted-out.
> Rick's response probably accurately describes current (and - sigh - future)
> spammer behavior, but as of Jan. 1 that behavior is illegal, and can land
> the spammer in court, with fines, etc.
>
> -Your 2nd question included 2 examples of a number of different possible
> combinations of off-shore and US companies and where they ship to/from,
> where they are based, where they send spam from/to, etc.
> That question addresses the jurisdiction and scope of US law, and is a
> thorny legal issue - one that can be refined much more than this, and I
> suspect other attorneys could comment on further - BUT a simple explanation
> I find useful is:
> The law applies to anyone sending commercial email TO a U.S. recipient
> AND/OR anyone sending spam originating FROM the U.S.
>
> -Finally, there are several summaries of various versions of the CAN-SPAM
> law on the web that also answer some of these types of questions, including:
> http://www.cdt.org/publications/pp_9.23.shtml
> www.paulruschmann.com/research/spam/can_spam.pdf
> http://www.politechbot.com/pipermail/politech/2003-October/000127.html
> (The congressional research service at the Library of Congress also has a
> summary, it can be clicked through to at the thomas.loc.gov site above.)
>
> ** These links, and my opinions above, are obviously opinions on legal
> subjects.  That is not, however, the same as legal advice, which I'm not
> offering and this shouldn't be interpreted as.**
>
>
> -Ethan Ackerman
> (p.s. Happy New Year!)
>
>
> -----Original Message-----
> From: owner-ip () v2 listbox com [mailto:owner-ip () v2 listbox com]On Behalf
> Of Dave Farber
> Sent: Sunday, January 04, 2004 9:48 AM
> To: Ip Ip
> Subject: [IP] so let's try another spam query
>
>
> Under the new law, I hire a German firm to send spam mail advertising my
> products. They do not follow the law. Am I libel if:
> 1 I ship from the usa where I do business?
>
> 2 I ship from overseas even though I am a US business?
>
> Dave

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