Re: Vendors spamming NANOG attendees

[Mark Andrews <marka () isc org>]

In message <A9D2D1BE-0724-4CBB-ACE3-8D2DE9C8928C () beckman org>, Mel Beckman writes:
> Mark,
>
> What law makes the harvesting of email addresses illegal? None that I
> know of.

If you can trust wikipedia sending to harvested addresses is illegal
under CAN-SPAM.  https://en.wikipedia.org/wiki/CAN-SPAM_Act_of_2003 

While this is not US law, the act of harvesting addresses is illegal
under the Australian anti-spam act
https://www.legislation.gov.au/Details/C2016C00614

Mark
 
> -mel via cell
>
> > On Jun 13, 2017, at 6:58 PM, Mark Andrews <marka () isc org> wrote:
> >
> >
> > In message <F7E1F127-E971-4E92-AF44-13193BD0E27F () beckman org>, Mel
> Beckman writes:
> > > Mark,
> > >
> > > The problem with your idea is that these NANOG attendee emails aren't
> > > illegal under CAN-SPAM. This toothless Act let's anyone email any
> address
> > > they want, however obtained, with virtually any content (except
> sexually
> > > explicit), as long as they don't use misleading headers, deceptive
> > > subject lines, or obscure the fact that the email is an ad. Those
> > > features, plus clear identification of the originator and an opt-out
> > > mechanism, let anyone send unlimited spam.
> >
> > The act of harvesting the email addresses is illegal which makes
> > the subsequent emails illegal even if they meet all the other
> > requirements of the CAN-SPAM act.
> >
> > > So, in reality, these so-called NANOG spammers are within the law. We
> > > just don't like what they're doing.
> > >
> > > We definitely can't sue them as you advise. In fact, individual CANT
> use
> > > under CAN-SPAM. Only we network operators can.
> > >
> > > Thanks for nothing, Congress.
> >
> > As someone with stonger local anti-spam legislation that has to put
> > up with the spam from US sources I have to agree.
> >
> > Mark
> >
> > > -mel via cell
> > >
> > > > On Jun 13, 2017, at 5:10 PM, Mark Andrews <marka () isc org> wrote:
> > > >
> > > >
> > > > In message <38E506A8-247A-478F-9C4D-21602BEE6028 () beckman org>, Mel
> > > Beckman writes:
> > > > > That still leaves the question: how to you invoke this financial
> > > > > punishment? Prohibit NANOG members from buying their products?
> > > >
> > > > Everyone that has received the email bring a action under the
> > > > CAN-SPAM act.  Really if you don't want the list to be harvested,
> > > > which is illegal under the act, bring the action.  Opt out doesn't
> > > > save the sender if they have already committed a illegal act.
> > > >
> > > > Mark
> > > >
> > > > > -mel via cell
> > > > >
> > > > > > > On Jun 13, 2017, at 10:12 AM, Rich Kulawiec <rsk () gsp org> wrote:
> > > > > > >
> > > > > > > On Tue, Jun 13, 2017 at 03:31:46PM +0000, Mel Beckman wrote:
> > > > > > > Sometimes they're ignorant and don't realize they're spamming.
> > > > > >
> > > > > > That excuse stopped being viable sometime in the last century.  They
> > > > > know
> > > > > > exactly what they're doing, they're just counting on the prospective
> > > > > > gains to outweigh the prospective losses.  If they're right, then
> the
> > > > > > spamming will not only continue, it will increase.  (As we've seen:
> > > > > > over and over and over again.)  That's because they don't care about
> > > > > > being professional or responsible or ethical: they only care about
> > > > > profits.
> > > > > > So the choice is clear: either make it plain to such "people" (if I
> > > > > > may dignify sociopathic filth with that term) that this is
> absolutely
> > > > > > unacceptable and that it will have serious, immediate, ongoing
> > > negative
> > > > > > financial consequences, or do nothing while the problem escalates
> > > > > > indefinitely.
> > > > > >
> > > > > >  If you give people the means to hurt you, and they do it, and
> > > > > >  you take no action except to continue giving them the means to
> > > > > >  hurt you, and they take no action except to keep hurting you,
> > > > > >  then one of the ways you can describe the situation is "it isn't
> > > > > >  scaling well".
> > > > > >      --- Paul Vixie, on NANOG
> > > > > >
> > > > > > ---rsk
> > > >
> > > > --
> > > > Mark Andrews, ISC
> > > > 1 Seymour St., Dundas Valley, NSW 2117, Australia
> > > > PHONE: +61 2 9871 4742                 INTERNET: marka () isc org
> >
> > --
> > Mark Andrews, ISC
> > 1 Seymour St., Dundas Valley, NSW 2117, Australia
> > PHONE: +61 2 9871 4742                 INTERNET: marka () isc org

-- 
Mark Andrews, ISC
1 Seymour St., Dundas Valley, NSW 2117, Australia
PHONE: +61 2 9871 4742                 INTERNET: marka () isc org