I disapprove of all unsolicited commercial junk (spam) E-mail and I complain, whine or something and if I am sent junk E-mail I reserve the right to report it to the proper agencies and services. Yes, I have hang-ups about this stuff. But I do not like to have to pay for other people's traffic and it gets in the way of all my real email. More importantly than costing money by nickel and dimeing everyone here and there it takes up precious time. Private email boxes is not the place for unsolicited junk. Please see LETTER OF WARNING To Junk-E-mail Advertisers and "Spammers." for details.
This page is quite stale and old but relevant nonetheless.
Explicit Warning!
By harvesting address from this website you explicitly agree to the contract terms here in (Uniform Commercial Code) that by sending an unsolicited advertisement email you explicitly agree to any contract terms herein. You agree also to pay up to $500.00 United Stated Dollars or One-and-one-half Troy Ounces of .999 gold per violation. Failure to pay means and includes you tacitly agree to be sued in any court of my sole choosing for triple (treble) damages or claims with no limit. You also agree to hold harmless if you suffer any physical damage to person or property.
I now advocate and condone the use of violence against spammers. If you know a spammer; then, by all means I believe that if the only way to stop them is to beat them to a pulp. Kill them if necessary. Burn down their homes. THE ONLY GOOD spammer IS A DEAD SPAMMER. Lets open hunting season. The government has done nothing to help the end user and enforce their will of not receiving this crap. The spammers have gone too far. Time to make them quake in fear. Time to torture them. I do not pay a lot of money for an email account to receive unsolicited advertisements.
"Junk E-mail" aka "unsolicited advertisement E-mail" aka "Spam" aka "UCE" is always
Theft is a bad thing, the Spammers Ways Must Stop! Know a spammer? Halt them with legal warnings. Cause them economic pain and grief, burn them with the law, ruin them, they must suffer. Close their accounts, ruin their business. Sue them. Take them to court. Never ever purchase any product or service from them. Call the Attorney General's Office on them. Their ways and business must stop. They are simply thieves! They have been stealing from us long enough. If all else fails just soot them.
I now advocate and condone the use of violence against spammers. If you know a spammer; then, by all means I believe that if the only way to stop them is to beat them to a pulp. Kill them if necessary. Burn down their homes. THE ONLY GOOD spammer IS A DEAD SPAMMER. Lets open hunting season. The government has done nothing to help the end user and enforce their will of not receiving this crap. The spammers have gone too far. Time to make them quake in fear. Time to torture them. I do not pay a lot of money for an email account to receive their advertisements.
This is not like postal junk mail where the mailer pays a fee for each message for delivery. This is not like banner ads on web pages that help pay for content. This not like commercials on TV, radio, or magazines and newspapers that help pay for content. Furthermore the increase of junk e-mail is driving up the costs of using ISPs as they have to upgrade some services to handle the load in stead of upgrading other services that may have been wanted by the customers. I have no problem with advertisements on web pages and other media when they pay for the content I am viewing, much of that content may never be there without it. But when then invade my personal communication methods I get a little angry. I also do not tolerate telephone telemarketers, they are just as bad but at least they will honor do not contact requests.
Again. it is a form of theft. It is theft when the relay via third party systems without their permission or knowledge (trespass and use of another's equipment.) It is theft then the spam in violation of the terms of service of their provider, (violation of a contract.) Spamming is theft of time when we have to download their message and separate it from other real e-mail especially then they use deceptive subjects lines (My time has value to me.) It is theft when they cause services to overload and crash, (denial of services.) It is theft when the network is bogging down and we are trying to get data we paid for (again denial of service.) This causes them to raise their prices, (to recover lost costs.) In effect all Unsolicited Advertisement (Junk) E-Mail is sent POSTAGE DUE.
Internet commerce is NOT Bad; it is in fact generally good. I/we do not oppose people trying to promote ideas, services and products via the Internet, while trying to do something about mass unsolicited e-mail advertisements. I/we are NOT opposed to people trying to make money via the Internet nor it's commercialization in the appropriate contexts. Private e-mail boxes are not those places. Spamming is intolerable because unethical business practices and exploitation of other peoples' private systems and of the Internet it is costing all of us time and money. Spammers give legitimate businesses trying to use the Internet for business a bad name, crashing computer systems everywhere, ruining cyber experiences to new and old user alike while filling out private e-mail boxes with tripe at a cost to us.
On March 26, 1998 Washington state Governor Gary Locke signed into law banning spam from being sent or received by a Washington state citizen or resident. The spammer can be forced to reimburse the person receiving the spam $500. for EACH spam received by the Washington state resident. Spammers sending spam from Washington state can also be forced to pay up to $500. for each spam received - even if received by residents of other states. See Washington state Attorney General Office page on Junk E-Mail.
October 22, 1998. From the Washington State Attorney General's Page: The Attorney General's Office today filed the nation's first state "spamming" lawsuit against a Salem, Oregon business and its owner for using false and misleading information when sending unsolicited commercial e-mail to Washington residents. For full report see: http://www.wa.gov/ago/releases/rel_spam_102298.html
From the Seattle Times. "Washington authorities today targeted a 24-year-old Salem, Ore., man in the first action brought by the state attorney general under the state's anti-spam statute. Under a special remedy available only to the attorney general, the complaint seeks $2,000 for each piece of unsolicited commercial e-mail sent to Washington residents in violation of the 4-month-old law." For Full article please get the paper or see the page: http://www.seattletimes.com/news/local/html98/spam_102298.html
Actual Text of the complaint filed in King County Court: Click here.
LETTER OF WARNING.
To Whom It May Concern:
I have received unsolicited advertisement e-mail from your location or account. This "junk e-mail" is unwanted and unwelcome. Do not attempt further e-mail of unsolicited advertisements. You are directed and ordered to remove my E-mail address from all your lists and to contact your list vendors and have them do the same. I have also notified those that you relayed this UCE message through that you used their servers illegally and without their permission. They have a right to compensation for each. Under no circumstances will I ever purchase any product or service from any one who uses junk e-mail. You just forever lost a potential customer.
Because I am a Washington State resident, the enclosed commercial email that I received violates Washington state Law, RCW 19.86. Under this law I am entitled to collect $500.00 per message plus legal expenses, which I can pursue through a Washington court.
Advertising via E-mail is wholly wrong and improper. I (we) have to pay a provider to maintain an E-mail and Internet accounts, as well as for the phone or data lines in which the information is carried and the machines where the message is viewed. This is unacceptable. If you wish to advertise you should purchase newspaper space, radio time, or postage stamps.
Acceptable Use Policy.
You must obey this acceptable use policy when sending me e-mail. Individuals are welcome to send me non-commercial mail. Due to increasing junk mail, commercial use of my system is restricted, and fees will be charged.
When you transmit mail to my mailer, you are using my computer, and I may bill you for it. Solicited messages and unsolicited individually addressed non-commercial message such as a reply to an article or comment on a page I have written may be sent free. The fee for unsolicited mail sent by automated mailers or as part of a mailing list or for an advertisement is up to $1000 each. Such messages are therefore strictly forbidden. Inquire for other fees.
This policy is subject to change. By sending unsolicited advertisements you expressly agree to the terms herein. You further realize that such mailings to fax machines and computer systems are prohibited under federal laws (47 USC 227) and provide for civil penalties and claims of up to $500.00 per occurrence (47 USC 227[c]) may be assessed. Furthermore 18 USC 1029 and 30 may also apply with criminal penalties of $100,000.00 for fraudulent use of network access. This applies to the address below.
If the message was relayed then it may have also been sent illegally and in violation of U.S. Federal Law as it has been relayed off a third party SMTP Relay without the permission of the used systems owners, this could carry criminal penalty and other civil penalties. In addition, if the sender used falsified information in the message header to send this message other penalties can apply. 47.USC.227[c] may also apply with a civil penalty if the sender sends me any further more unsolicited Advertisement E-mail.
* If an unsolicited advertisement promoting pornographic services or materials is sent to a resident or citizen in Washington State the message is illegal as contemplated in RCW 7.48A.010(2). RCW 9.68.140 makes the promotion of any (lewd) matter as defined in RCW 7.48A.010 to be the promotion of pornography, which is a class C felony. This applies to sending any unsolicited advertisement to any person, resident or citizen within the State of Washington.
ALSO other laws may apply when sending junk e-mail, Actual Code Sections
in violation, not complete et.al.:
15 U.S.C. 1125, False Designation of Origin and False Description.
15 U.S.C. 1114, Service Mark Infringement
18 U.S.C. 1029, Unauthorized network access.
18 U.S.C. 1030, Computer Fraud
18 U.S.C. 1341, Frauds and Swindles
18 U.S.C. 2701, et.seq, Violations of Electronic Communications Act
39 U.S.C. 3005, False representation
47 U.S.C. 227, Telcom UCE.
RCW 19.86 et al Washington State Anti-Spamming Law
Legal theory defs. in violation, not complete et.al. Trespass to Chattel, Misrepresentation, Conversion, Unfair Competition & Consumer Fraud, Common Law Fraud, Misappropriation of Name & Identity,
We maintain a right to charge you fees pursuant to the R.C.W., U.S.C., the U.C.C., and other code sections if I/we receive any further unsolicited e-mail solicitations. You furthermore expressly agree to the terms set terms set here in the sending of more UCE.
Sincerely, With all rights reserved U.C.C. 1-207 Ben
de Lisle <delisle AT eskimo.com>
C.C. : Postmaster of Originating Site. Original Sender. Records File Include: message: /header/body/
-[ IF YOU ARE A System Postmaster, and have received this message, it is a "CC:" directed to you for your information of improper use of, or through, your system. If the junk mail that was relayed through your system with out your permission then it was done so illegally and
you are entitled to monetary compensation, see US federal law "18 USC 1029". All Original Headers Are Included. This message is mainly directed to the sender of the unsolicited E-mail. I furthermore request the real name, address and phone number of the offending message sender and the
source from which my address was obtained so that I may, if necessary, file a complaint or claim against such persons.]-
Much of the below letter was based on one created by Bruce Miller.
To Whom It May Concern:
DEMAND FOR DAMAGES: Reference #________________
Because I am a Washington State resident, the enclosed commercial email that I received violates Washington state Law, RCW 19.86. Under this law I am entitled to collect $500.00 per message plus legal expenses, which I can pursue through a Washington court. A favorable court judgment will allow me to:
* Attach assets;
* Put liens on properties;
* Refer the debt to a collection agency.
I am willing to settle out of court thus:
* send $250.00 payable to me at the address above;
* refer to the reference number above;
* do so by _____________________. [about three weeks is reasonable
(UCC)]
Upon receipt of payment, I will send confirmation that:
* settlement has been reached for this incident;
* there will be no legal action on this incident on my part.
I will conclude lack of cooperation in an out-of-court settlement if payment has not been received by the date contained herein. This violation has been or will be reported to the Washington State Attorney General for possible, separate legal action. Willingness to settle out of court will undoubtedly affect the Attorney General's decision to pursue separate legal action. Information about the Washington law can be found at: http://www.wa.gov/AGO/junkemail/. My email addresses are registered at http://registry.waisp.org.
As the advertised company you can be held liable. Other state and federal laws and regulations may also apply and significantly raise your liability.
Sincerely, All Rights Reserved.
Ben de Lisle
delisle AT eskimo.com
http://www.eskimo.com/~delisle/warning.letter.htm
Another LETTER OF WARNING.
{ If you are a System Admin then this is a CC: that is for
your information of improper use of network services. Original
Message and headers is attached. }
To Whom It May Concern:
I have received unsolicited advertisement E-mail from your location or account. This "Junk E-mail" is unwanted and unwelcome. Do not attempt further e-mail of unsolicited advertisements. You are directed and ordered to remove my E-mail address from all your lists and to contact your list vendors and
have them do the same. I have also notified those that you relayed this UCE message through that you used their servers illegally and without their permission. They have a right to compensation for each.
Because I am a Washington State resident, the enclosed commercial email that I received violates Washington state Law, RCW 19.86. It is illegal to send an unsolicited e-mail advertisement to a person or citizen here if the message has been relayed via third party service, has a false "From:" or return address,
deceptive subject, faked header information, send it violations of the terms of service from sender' provider or a repeat message when they have been told to stop. Under this law I am entitled to collect $500.00 per message plus legal expenses, which I can pursue through a Washington court. A favorable court
judgment will allow me to:
* Attach assets;
* Put liens on properties;
Refer the debt to a collection agency.
Under no circumstances will I ever purchase any product or service from any one who uses Junk-E-Mail. You just forever lost a potential customer.
Rationale.
Advertising via E-mail is wholly wrong and improper. I (we) have to pay a provider to maintain an E-mail and Internet accounts, as well as for the phone or data lines in which the information is carried and the machines where the message is viewed. This is unacceptable. If you wish to advertise you should purchase newspaper space, radio time, or postage stamps.
Acceptable Use Policy.
You must obey this acceptable use policy when sending me E-mail. Individuals are welcome to send me non-commercial mail. Due to increasing junk mail, commercial use of my system is restricted, and fees will be charged.
When you transmit mail to my mailer, you are using my computer, and I may bill you for it. Solicited messages and unsolicited individually addressed non-commercial message may be sent free. The fee for unsolicited mail sent by automated mailers or as part of a mailing list or for an advertisement is up to $500 each. Such messages are therefore strictly forbidden. Inquire for other
fees.
NOW pursuant to Washington state law RCW 19 it is a civil crime to send unsolicited e-mail advertisements to Washington state residents that have any false information in the message header, or has been relayed off a third party system without their permission or against their terms of service. You can be liable up to $1000.00 per occurrence to ISPs and $500.00 to individuals.
See www.wa.gov/ago <http://www.wa.gov/ago>.
By sending me further advertisements you expressly agree that a fee shall be assessed and charged pursuant to the terms of
Washington state law and the Uniform Commercial Code.
Pursuant to RCW 19.86 A notice has been filed with the Washington
state Attorney General's Office.
All Rights Reserved,
Sincerely,
Ben de Lisle delisle at eskimo.com
Also See : <http://www.eskimo.com/~delisle/warning.letter.htm>
For more details.
When ever someone sends junk E-mail and relays it off another's system without or against their permission some or all the following may apply.
This list is incomplete. ALSO other laws may apply when sending Junk Email
Actual Code Sections in violation, not complete et.al.:
15 U.S.C. 1125, False Designation of Origin and False Description.
15 U.S.C. 1114, Service Mark Infringement
18 U.S.C. 1029, Unauthorized network access.
18 U.S.C. 1030, Computer Fraud
18 U.S.C. 1341, Frauds and Swindles
18 U.S.C. 2701, et.seq, Violations of Electronic Communications Act
39 U.S.C. 3005, False representation
47 U.S.C. 227, Telcom UCE.
RCW 19.86 Washington State Anti-Spamming Law
Legal theory defs. in violation, not complete et.al. Trespass to Chattel , Misrepresentation, Conversion, Unfair Competition & Consumer Fraud, Common Law Fraud, Misappropriation of Name & Identity,
* If an unsolicited advertisement promoting pornographic services or materials is sent to a resident or citizen in Washington State the message is illegal as contemplated in RCW 7.48A.010(2). RCW 9.68.140 makes the promotion of any (lewd) matter as defined in RCW 7.48A.010 to be the promotion of pornography, which is a class C felony. This applies to sending any unsolicited advertisement to any person or resident within the State of Washington.
Under United States law, it is unlawful 47USC Sec 227 "to use any telephone facsimile machine, computer, or other device to send an unsolicited advertisement" to any "equipment which has the capacity (A) to transcribe text or images (or both) from an electronic signal received
over a regular telephone line onto paper." The law allows individuals to sue the sender of such illegal "junk mail" for $500 per copy. Most states will permit such actions to be filed in Small Claims Court. Also applicable is 18USC Sec 1029 & 1030. Those of you who fake headers to send
mail or use false pretenses to gain accounts that would otherwise disallow you from sending your advertisements may be considered fraudulent use. An E-mail address could be considered an access code. And be criminally fined or imprisoned for improper use.
Spam
Cop
Junk Busters
Fight
Spam on the Internet!
Coalition Against Unsolicited Commercial Email.
Spam: How to Fight it - Elsop's Anti-Spam Page
A Guide to Dealing with Unwanted E-Mail.
Welcome
to Netizens Against Gratuitous Spamming (NAGS).
The below was a note I wrote to someone who asked me to explain my position and how I could apply the current law and the fact that it is not explicit. They were unhappy as I was for having to deal with all the crap the people are sending them.
Dear Mr. XXXXXXX
In reply to your question, I will explain to my best understanding of the problems at hand. Be sure that the current Federal rules dose not explicitly cover E-mail like it dose Fax. However; and it is a very big "however," is that the spirit and intent of the law is based on much of what is outlined below. The law is flexible and is often creatively applied where the technology, meaning or use of something has changed or evolved as is the case here.
The law does not explicitly cover E-mail under the Fax law. Again, it is a construe ration of the existing federal laws covering Fax machines. The law can apply if the intent of the original of a closely related technology can be shown that the costs are being shifted from the sender of a message to an unwilling recipient such was the case with the Fax and is now the case with E-mail. E-mail probably should be explicitly stated or defined in the present code.
The important thing to show is if ANY Costs Or Burdens Are Shifted To The Recipient. This is the key and I will repeat it.
Still, be sure to check with the State or Locality of your area as they may also have something that covers this as well.
There are those people that have taken this to small claim court have gotten different decisions in different jurisdictions. Some winning and some losing. I do not have the court cases or their name/id numbers but I've seen a few. I will be filing one my self when I get the free time.
The primary question to be answered is based on the fairness of shifting the burden of costs to the person that will receive an Unsolicited Advertisement from those who will spew their wares to others.
Some of he basis that I think applies are as follows:
I am not a lawyer but I am following this very carefully. I am preparing to file my own case against a local (to me) E-mail spammer. The big problem is all of this is that many of the E-mail spammers are all far away and it hard to deal with legal issues over long distances. So as it is I just have to wait and deal with those within an accessible are to my self. The only way around this is to find ways to go to court with out actually going,
maybe file a statement and let that stand in for me. I surely don't want to deal with a lawyer! But I'm sure there is a work around for that.
--
Local and national ISP services provided by Eskimo North Internet.
Ben de Lisle (c)1996, 2003, All rights reserved.
Send No Unsolicited Ad-E-Mail, Penalty imposed.
Given The Chance I Will Sue A Junk-E-Mailer or Report Them To The Wa State AG.
--
Attention all bulk advertisers! Get fast action with your email campaigns! - Send your MLM, mortgage and credit plans to uce@ftc.gov - Copy health aids & enhancement pill programs to otcfraud@cder.fda.gov or webcomplaints@ora.fda.gov - African generals and ex-ministers please reply to 419.fcd@usss.treas.gov - Enforcement@sec.gov is most interested in your secret stock tips. - Webmaster@bsa.org can take care of your software sales needs. Fight Spam! .end.of.file.
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