Re: [Asrg] Thoughts so far
2003-03-17 23:57:06
On Monday, March 17, 2003, at 08:12 PM, John Rumpelein wrote:
I live in Washington State, where we have already passed the
legislation you
propose. I can tell you, unfortunately, that I don't receive any less
spam
than you do. We can theoretically pursue lawsuits against spammers in
small
claims court to the tune of $500 per offense, but I have not heard of
one
single spammer (not one) who has actually been forced to pay under
this law.
it's a problem of jurisdiction. Washington is simply too small.
To me, it has to be national legislation to be useful, for that very
reason: the chance of both you and the spammer being in washington
jurisdiction is tiny, and even if you get washington small claims to
issue a judgement, collection is problematic.
But with a national law, we can do two things: we can finally stop the
argument about whether spam is legal or not (yes, I know about trespass
and other hacks, they're hacks, like getting someone for driving
without a license when they ran over someone becuase manslaughter isn't
provable), and give the national ISPs a good hook to go after the
domestic spammers. But it also does something else: it sets an example
and model legislation that the US can then use to influence other
countries to adopt. Eventually, I see the spam issue as one that's
resolved internationally in a way similar to the way copyright has
been, but someone has to start the process and to me, that means
starting at home. it's hard to argue with a straight face that Korea or
china needs to fix their spam problem if we aren't dealing with ours
here.
One questions the usefulness of a legal solution to the problem, and
even
whether the court system is designed to handle this volume of
lawsuits. (Do
we need spammers clogging up our court system also?)
I don't think there need be a huge number of small lawsuits, although
there will be some. I think the big thing is enabling the big ISPs and
the justice department to deal with this on a criminal basis, and not
on the civil suit basis they have to try now. some of the US spammers
will likely move offshore, but others will move into other lines of
business once the line is drawn in the sand, and until we get started
cleaning up our own house, we have little hope of really making a dent
on international spam.
--
Chuq Von Rospach, Architech
chuqui(_at_)plaidworks(_dot_)com -- http://www.plaidworks.com/chuqui/blog/
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- Re: [Asrg] Thoughts so far, (continued)
RE: [Asrg] Thoughts so far, Doug Phillips
- RE: [Asrg] Thoughts so far, william
- RE: [Asrg] Thoughts so far, Jason Hihn
- RE: [Asrg] Thoughts so far, Steve Schear
- RE: [Asrg] Thoughts so far, John Morris
- Re: [Asrg] Thoughts so far, Chuq Von Rospach
- RE: [Asrg] Thoughts so far, John Rumpelein
- Re: [Asrg] Thoughts so far,
Chuq Von Rospach <=
- RE: [Asrg] Thoughts so far, John Rumpelein
- Re: [Asrg] Thoughts so far, Matt Sergeant
- Re: [Asrg] Thoughts so far, Chuq Von Rospach
- Re: [Asrg] Thoughts so far, Claus Färber
- Re: [Asrg] Thoughts so far, Matt Sergeant
- Re: [Asrg] Thoughts so far, wayne
- Re: [Asrg] Thoughts so far, Kee Hinckley
RE: [Asrg] Thoughts so far, David Green
RE: [Asrg] Thoughts so far, Kee Hinckley
Re: [Asrg] Thoughts so far, Chuq Von Rospach
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