-=PCTechTalk=- california spam law:
- From: "cris" <cris@xxxxxxxxxxxxxxxx>
- To: "PCTechTalk" <PCTechTalk@xxxxxxxxxxxxx>
- Date: Thu, 25 Sep 2003 12:47:18 -0400
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from: http://www.spywareinfo.com/
California Bans Spam. All Of It.
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California Governor Gray Davis has signed a law that criminalizes the =
sending of commercial email to people who have not explicitly requested =
it. There are no exceptions to this law, no loopholes to exploit. If it =
is an email sent in bulk, advertises any product and the recipient did =
not request it, a crime has been committed.=20
Civil action can be undertaken by the state, by e-mail providers that =
have to handle spam and by the recipient. Backers of the new law say =
that giving individuals the right to file lawsuits against offenders =
will ensure that the law is enforced, even if the government itself =
decides not to enforce it.
If proven to have spammed a Californian resident, a spammer breaking =
this new law will face fines up to $1,000 for each unsolicited message =
sent and up to $1 million for each email campaign. The bill also puts =
the burden on the sender of the emails to determine if a person is a =
California resident, something which is not easy to do.=20
It is unclear whether Governor Davis is just pandering for support in =
the upcoming recall vote and whether or not this law will survive legal =
challenges by direct marketing lobbyists.=20
The new law is a little scary, as it probably effects me as well. I send =
emails in bulk and they do have one advertisement. However, I'm glad to =
see this law go into effect. If you have not requested mailings about =
new products or have not done business with the company, then that =
company has no damned right to email an advertisement to you.
Links:
http://yro.slashdot.org/comments.pl?sid=3D79689&cid=3D7038060 :: New =
York Times article (via Slashdot)
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