FC: Spamcop blacklists truthout.org (for a good reason?)

[Declan McCullagh <declan () well com>]

---

From: "Ben" <bmw () carolina rr com>
To: <declan () well com>
Subject: Spamcop blacklists truthout.org
Date: Mon, 14 Jul 2003 13:55:05 -0400

I thought I'd let you know about this considering your dealings with
Spamcop, but speaking only for myself I have to tell you that the issue may
not be as simple to judge as it was when Spamcop blacklisted Politech.
That's mostly because, despite never signing up for truthout's newsletter, I
get it regularly. I don't know how it happened, and I'm certain no one I
know would've had any reason to sign me up. I also know there was never any
verification e-mail telling me someone had subscribed with this address. I
suppose it's been almost 2 years since I started getting them.

Anyway, I might not admire the obvious bias of the site itself, but it's not
particularly out of the ordinary in online 'news blog' sites, and the main
reason I don't mind receiving them, and don't plan to remove myself from the
list, is that truthout basically just sends out links to news articles from
places like the NY Times site and the Washington Post, which means I spend
less keeping up with them.

Just FYI,
Ben

----- Original Message -----
From: "t r u t h o u t" <messenger () truthout org>
To: <bmw () carolina rr com>
Sent: Monday, July 14, 2003 1:46 AM
Subject: A Letter from TO Legal Counsel William M. Simpich


> To the Readers of Truthout,
> This is a letter from TO Legal Counsel William M. Simpich addressing the
blacklisting of the TO Daily Edition Newsletter.
>
> Marc Ash, Executive Director - t r u t h o u t
> mailto:ma () mail truthout org
>
> -------
>
> William M. Simpich
> Attorney at Law
> 1736 Franklin Street, 10th Floor
> Oakland, California 94612
>
>
> July 3, 2003
>
> To: The readers of truthout.com
>
> From: Counsel for truthout.com
>
> Re: Blacklisting
>
> This is a short note to let you know that your complaints about not
receiving your copy of Truthout have been heard, and that action is being
taken.  Truthout has contacted SpamCop and Yahoo! and protested the
blacklisting of its organization. Truthout is active in grassroots outreach
and organizing via the internet; it is a vital and productive part of our
core mission. However, Truthout has never engaged in indiscriminate mass
spamming.
>
> So how does Truthout come to be blacklisted?. An individual with a
political axe to grind can easily manipulate a Reader-based SPAM rating
system. Clearly, Truthout has been targeted in this manner.  As Ray
Everett-Church, the counsel for Coalition Against Unsolicited Commercial
Email, stated in the May 14 Washington Post, some blacklists indeed become
``little more than tools for people's personal vendettas."
>
> Both SpamCop and Yahoo rely on the highly flawed reader-based SPAM rating
system. In fact, on SpamCop's website, it discusses the status of the
SpamCop blocking list.  It states that it ``should not be used in a
production environment where legitimate e-mail must be delivered.''    Then
it admits that it ``err(s) on the side of blocking mail...there is no
warranty associated with using this system.  It is provided as is.''
(Emphasis in original)
>
> We have informed SpamCop that it is ``inviting a defamation suit by using
such tactics against a commercial e-mailer.  By engaging in such a tactic
with a noncommercial organization such as Truthout, you are virtually
guaranteeing a victory.''
>
> First Amendment advocates in the noncommercial sector such as Truthout
should not have their speech deterred in any way. While everyone hates the
spammers, neither SpamCop, Yahoo or anyone else should be deciding what
people in the United States are allowed to read.
>
>
> Sincerely,
>
>
> William M. Simpich




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