-=PCTechTalk=- Re: california spam law: :VSMail mx2
- From: "kg6ocz" <kg6ocz@xxxxxxxxxxxxx>
- To: <pctechtalk@xxxxxxxxxxxxx>
- Date: Fri, 26 Sep 2003 07:24:25 -0700
Probably all the biggies at once... and the race is on..
----- Original Message -----
From: "cris" <cris@xxxxxxxxxxxxxxxx>
To: <pctechtalk@xxxxxxxxxxxxx>
Sent: Friday, September 26, 2003 6:03 AM
Subject: -=PCTechTalk=- Re: california spam law: :VSMail mx2
> ok, I'll bite!! Earthlink?
> ----- Original Message -----
> From: James LaBorde
> To: 'pctechtalk@xxxxxxxxxxxxx'
> Sent: Thursday, September 25, 2003 6:39 PM
> Subject: -=PCTechTalk=- Re: california spam law: :VSMail mx2
>
>
> There is a difference and when you read the long text of the actual =
> bill
> they explain it. The difference is that the costs are shifted to the
> recipient rather than the sender. In junk mail, the costs are postage =
> to
> the sender and the only cost is of disposing of it. In email the =
> recipient
> pays for bandwidth, used HD space, used storage space on the mail =
> server
> etc. They try to make it equivalent to receiving junk mail with =
> postage
> due. =20
>
> I find the interesting part of the law that any one of three parties =
> can go
> after the spammer and/or the advertiser. The three parties include:
>
> the individual receiving the email
> the ISP of the recipient
> the Attorney General of California
>
> The penalty specified is actual damages or $1000 per incident per email
> address. I didn't see much as far as when which penalty is applied. =
> The
> great thing is that the burden of proof is all on the =
> spammer/advertiser.
> They have to prove they had your permission and they have to prove that =
> they
> provided all of the necessary steps to opt out and had the initial =
> business
> relationship with you to begin with.
>
> Any bets on which ISP files the first lawsuit on January 2, 2004 when =
> the
> courts open?
>
> James=20
>
> -----Original Message-----
> From: kg6ocz [mailto:kg6ocz@xxxxxxxxxxxxx]
> Sent: Thursday, September 25, 2003 3:25 PM
> To: pctechtalk@xxxxxxxxxxxxx
> Subject: -=3DPCTechTalk=3D- Re: california spam law: :VSMail mx2
>
>
> Do you REALLY expect ANYTHING the Gov does to make sense????
> ----- Original Message -----=20
> From: "Danny Wilsher" <dwilsher@xxxxxxxxxx>
> To: <pctechtalk@xxxxxxxxxxxxx>
> Sent: Thursday, September 25, 2003 2:22 PM
> Subject: -=3DPCTechTalk=3D- Re: california spam law:
>
>
> > what about all the mail I get in my snail mail box? is that any =
> different?
> > how can they pass a law banning one and not the other? just
> curious........
> > =D0=E4=F1=F1=FF ..............
> > ----- Original Message -----
> > From: "cris" <cris@xxxxxxxxxxxxxxxx>
> > To: "PCTechTalk" <PCTechTalk@xxxxxxxxxxxxx>
> > Sent: Thursday, September 25, 2003 10:47 AM
> > Subject: -=3DPCTechTalk=3D- california spam law:
> >
> >
> > : Content-Type: text/plain;
> > : charset=3D"Windows-1252"
> > : Content-Transfer-Encoding: quoted-printable
> > : from: http://www.spywareinfo.com/
> > :
> > : California Bans Spam. All Of It.
> > : Permlink | Top
> > :
> > : California Governor Gray Davis has signed a law that criminalizes =
> the =3D
> > : sending of commercial email to people who have not explicitly =
> requested
> =3D
> > : it. There are no exceptions to this law, no loopholes to exploit. =
> If it
> =3D
> > : is an email sent in bulk, advertises any product and the recipient =
> did =3D
> > : not request it, a crime has been committed.=3D20
> >
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