Spam Laws Aggregated At SpamLaws.com

Compulawyer writes "I recently came across this website, SpamLaws.com, which has a fairly comprehensive list of laws covering unsolicited commercial email. My new favorite is the Ohio Statute. Spam must include the full name, either residence or business address, and email address of the spammer and provide an opt-out notice in the same type and size as the majority of the text of the message itself. The statute provides not only for damages of $100 per offense ($50,000 cap), but also allows for an injunction against the spammer. ISPs can also sue for $50 per violation ($50,000 cap - $500,000 cap if the violations were willful). The best part (for the non-lawyers and those who want the executive summary) is that forging headers is a FELONY."

Comments

global spam

[egoff]

Unfortunately, because of the global nature of the internet, and therefore spam, laws such as Ohio's can never be inforced. Global restrictions or the use of good technology are the only solutions. And because many governments have higher priorities (such as terrorism, the environment, commerce), it may be awhile before any UN Commission on Spam proposes a treaty. As such, we should rely on technology, rather than regulation.

Re:A Felony?

[Compulawyer]

Yes, that is the best part. It is a 5th degree felony, but a felony nonetheless. It is the same concept of having a relatively low penalty for robbery and an extreme penalty for robbery while masked. The enhancement is appropriate because of the increased enforcement costs and difficulty.

The statute does not make spamming totally illegal but it does ensure that Ohioans are able to stop it (to the extent that any law can) and places reasonable restrictions on advenrtising to ensure things are legit.

Re:So, what's this mean to me as an Ohioan?

[Compulawyer]

I can't give you specific legal advice, but I can tell you this: The law applies to out of state residents who have "minimum contacts" with the state of Ohio such that they can fairly be compelled to show up in an Ohio Court. This is a Constitutional test. It is VERY fact dependent but generally if someone directs an email to you knowing that you are an Ohio resident, then I would say the test is satisfied. Yes, this is the easy case. I can't go any further out on a limb with analysis without specific facts and I can't do that without making you a client.

Bottom line: just because they are out-of-state doesn't mean they are unreachable. Look at other posts above: a phone call can sometimes do wonders.

P.S. - you must be one of the other 6 or 7 people besides me (according to another post) who is online in Ohio ...