Wednesday, September 2, 2009
What is the problem with spam? Why from a legal perspective is it dangerous? “Spam messages waste the Internet's two most precious resources: the bandwidth of long-distance communications links and the time of network administrators who keep the Internet working from day to day. Spam also wastes the time of countless computer users around the planet. Furthermore, in order to deliver their messages, the people who send spam mail are increasingly resorting to fraud and computer abuse.” (http://oreilly.com.) When people check there e-mail they want what they are expecting to get. People are not looking for spam that will just waist there time. “E-mail addresses generally are not private (just like your phone number is not private if it is listed in the phone book). Once a spammer gets a hold of your e-mail address and starts sharing it with other spammers, you are likely to get a lot of spam. If you would like to send a lot of spam, then there are a number of companies set up to send "bulk e-mail." The largest of these companies are able to send billions of spam e-mail messages a day. They increasingly operate out of foreign countries to avoid U.S. laws and lawsuits trying to block spam.” ( howstuffworks.com)” “If one country passes laws against spam, professional spammers will just move abroad, the same way that the phone sex lines moved to the Carribean after the U.S. regulations on them became too restrictive.”(http://spam.abuse.net/faq/)By definition, spamming is illegal under the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (the "CAN-SPAM Act"). Spamming is the transmission of any unsolicited "electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service (including content on an Internet website operated for a commercial purpose)." (15 U.S.C. § 7702(2)(A).) The obligations of the Act apply to both the sender of the message and the person whose product, service, or web site is promoted by the message, both of whom are "senders" for purposes of the Act. (http://www.avvo.com)
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