<nettime> Re: [RRE]Unsolicited Commercial Electronic Mail Act of 2000

Andreas Broeckmann on 2000年3月27日 23:23:33 +0200 (CEST)


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<nettime> Re: [RRE]Unsolicited Commercial Electronic Mail Act of 2000


 [cross-posted from Red Rock Eater News Service (RRE).
 
 http://dlis.gseis.ucla.edu/people/pagre/rre.html ]
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 Date: 2000年3月24日 01:41:00 -0500 (EST)
 From: Ray Everett-Church <ray@everett.org>
 To: Spam-L List <spam-l@PEACH.EASE.LSOFT.COM>
 Subject: MEDIA, COURT: Revised HR 3113 passed unanimously, heads to full
 Cmte.
 
 In a unanimous voice vote today, the House Subcommitee on
 Telecommunications, Trade, and Consumer Protection substituted new
 language for HR 3113 and sent the bill to the full committee on
 Commerce.
 
 The new bill language:
 
 * Outlaws forged headers, invalid return addresses.
 
 * The FCC from the original Wilson bill has been switched to FTC and
 has been radically changed to remove all "opt-out" list issues.
 
 * "Pandering e-mail" has been removed entirely. The constitutional
 experts thought it would raise too many constitutional problems.
 The object of that section of the bill is addressed by expanding
 the definition of "commercial" e-mail to include spam that may not
 advertise a specific product, but advertises something of a commercial
 nature (e.g., a porn site that makes money selling banner ads).
 
 * If you have a business relationship with someone, you may send
 commercial email, however you must provide a means for them to rescind
 that relationship vis a vis future e-mail from them. If you don't
 honor the request, you're spamming.
 
 * Spammers required to abide by ISP anti-spam policies (including SMTP
 banners). Ignore the ISP's posted policy and you're nailed.
 
 * The bill also includes "identifiers" to facilitate filtering, to
 be prescribed by the FTC. Yes... that's like "ADV" in the subject
 line or something similar, BUT... they are IN ADDITION to abiding by
 ISP policies, not in lieu of. So in practice, what happens is that
 if an ISP doesn't have or enforce policies, users still have some
 means of at least identifying spam accurately. It's an added burden
 on spammers, an added cause of action, yet doesn't place any onus of
 spam fighting on recipients or ISPs who are already given recourse via
 posted policies, etc., if they avail themselves of the opportunity.
 
 * ISPs who profit from allowing subscribers to be spammed, but who
 don't make reciept of UCE a condition of their service (such as free
 email services, free ISPs, etc.) must maintain an opt-out list for
 those customers who don't want to be spammed. There is an exemption
 
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