Interesting People mailing list archives
another spam query - a few pointers/corrections...
From: Dave Farber <dave () farber net>
Date: Mon, 05 Jan 2004 09:55:50 -0400
-----Original Message----- From: "Anne P. Mitchell, Esq." <amitchell () isipp com> Date: Sun, 04 Jan 2004 19:34:07 To:dave () farber net Subject: Re: [IP] another spam query - a few pointers/corrections... Dave (et al - please feel free to post), Ethan wrote:
-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.
Actually the original question went to the culpability and liability of a U.S. merchant using the services of a spammer, even if the spammer is based outside of the U.S. The key point here is that the *merchant* is U.S.-based, and under the McCain amendment section of CAN-SPAM (on which I worked, which is why I know this part cold), the merchant *themself* will absolutely be liable - that section holds responsible any U.S. merchant who uses the services of someone whose mailing "services" are themselves in violation of CAN-SPAM - there is no issue of jurisdiction, as it is a U.S. merchant, who is directly liable under that portion of the act. Not unlike other theories of contributory and/or vicarious liability.
-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.htm
Also http://www.isipp.com/fedlaw.php See also http://www.isipp.com/events.php for those interested in our Spam and the Law conference towards the end of this month, for those gluttons who can't get enough of this stuff. Anne Anne P. Mitchell, Esq. President/CEO Institute for Spam & Internet Public Policy Professor of Law, Lincoln Law School of SJ ------------------------------------- You are subscribed as interesting-people () lists elistx com To manage your subscription, go to http://v2.listbox.com/member/?listname=ip Archives at: http://www.interesting-people.org/archives/interesting-people/
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