See this: http://tv.ksl.com/index.php?nid=5&sid=14109 Apparently opt-in is
easy and immediate. Opt-out isn't hard and long :-( Slashdot quote:
(Michael) "I don't see how signing up with Audiogalaxy establishes a
business relationship with Sprint"
What this proves is you can't count on laws, even anti-spam ones.
IANAL, but the Supreme Court has ruled that we have the right to be left
alone.
IANAL, but in the beginning spam was cheap. Now it's 40% of email. That has
a significant dollar cost, yet we can't use the unsolicited fax laws.
I also thing that even slow adoption of tech measures will have much more
immediate and wider ranged effects than law.
-----Original Message-----
From: asrg-admin(_at_)ietf(_dot_)org
[mailto:asrg-admin(_at_)ietf(_dot_)org]On Behalf Of Doug
Phillips
Sent: Friday, March 14, 2003 2:53 PM
To: asrg(_at_)ietf(_dot_)org
Subject: RE: [Asrg] Thoughts so far
Bringing lawsuits against individual senders of spam is economically
unattractive to most lawyers and potential plaintiffs. Litigation is
expensive, thousands of suits would need to be brought to have
any impact,
and even if substantial damages were awarded, collecting the damages from
individual spammers would be difficult.
On the other hand, it might well be economical, if appropriate
laws were in
place, to take civil or criminal action against the vendors of
the software
that people use to send spam. Of course, merely creating
software that can
be used for mass mailings is not and should not be illegal (and
making it so
would surely be unconstitutional). But what potentially could be made
illegal is the marketing of software tools for defeating anti-spam
technologies. Such a provision would be analogous to the
anti-circumvention
provisions of the Digital Millennium Copyright Act, which is enforceable
through both civil and criminal proceedings.
Anti-circumvention legislation designed to prevent the marketing
of software
for defeating anti-spam technologies could also be challenged on
constitutional grounds, but almost surely could be crafted so as to
withstand constitutional challenge. While by definition such an
approach is
not a solution in and of itself, it could be used to strengthen
technological strategies against spam.
Doug Phillips
(Vicious Attack Lawyer)
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