Keith Moore <moore(_at_)cs(_dot_)utk(_dot_)edu> writes:
it's much more difficult to filter spam in general. one person's spam
might be another person's life-changing investment opportunity...
I understand the "free speech!" attitude and such, but unfortunately
it isn't reasonable. They're making me pay for their free speech.
I've also heard the "how could we possibly define spam!?" concept
before, but it is fairly easy to define the concept legally. See, for
example, the TCPA, which very nicely defines its terms for telephone
solicitation.
Want some sample text?
First we define in the act an "electronic mail solicitation" as a
"initiation of a message by electronic mail, instant messaging, or
similar means for the purpose of encouraging the purchase or rental
of, or investment in, property, goods, or services, which is
transmitted to any person, but such term does not include a call or
message (A) to any person with that person's prior express invitation
or permission, (B) to any person with whom the caller has an
established business or personal relationship."
We then define an "automated electronic mailing list system" as a
"device that has the capacity to store or generate lists of ten or
more electronic mail addresses and to transmit a substantially similar
electronic mail message to each of said addresses."
Then we define an "automated electronic mail solicitation" as an
"electronic mail solicitation by means of an automated electronic
mailing list system" and we ban it, and allow people to sue for $1000
a pop for when people violate it in addition, a la the TCPA.
Might there be flaws in the language? Sure but they could be doctored
a bit.
Will this stop someone from emailing a person they met at IETF about
cattle futures? No. Will it stop someone from automatically emailing
everyone who attended IETF soliciting their investment in cattle
futures? Yes.
Is this the right approach? You can argue about that. On the other
hand, it is silly to pretend it can't be done. Of course the law could
be drafted. It could even be drafted in such a way as to avoid
impacting almost any of what we think of as "legitimate" commerce.
Perry