Slashdot Mirror
Michigan's Proposed Spam Law Called Toughest In U.S.
goats_in_boats writes "A new bill (PDF
or HTML)
was presented to the Governor
of Michigan that would require spam sent to residents of the State to be identified
as such. Highlights include the requirement that unsolicited email 'Include in
the e-mail subject line "ADV:" as the first 4 characters' and that 'a person who
violates this act is guilty of a misdemeanor punishable by imprisonment for not
more than 1 year or a fine of not more than $10,000.00, or both.' An article
in the Detroit Free Press calls the bill 'the most stringent anti-spam law in
the nation.'"
I'm all for wiping out Spam, but this law is a giant piece of junk
No, this law is measured, reasoned, and appropriate. If you don't think so, you are a deceptive and fraudulent scam artist who fully deserves to be prosecuted to the full extent of the law -- and beyond it by tattooed burly fellows named Adolf in prison, as well.
Asshat.
I run a small business. I solicit business by email. Lots of people do. Now you're telling me that if I try and solicit any work from a client that happens to reside in Michigan that I'm going to get hit with a $250,000 fine? Nope.
Yep.
You will be in violation of this law only if you do not comply with Sec. 3. For those who don't bite at trolls like you enough to check it out, here's the text:
Sec. 3. A person who intentionally sends or causes to be sent an unsolicited commercial e-mail through an e-mail service provider that the sender knew or should have known is located in this state or to an e-mail address that the sender knew or should have known is held by a resident of this state shall do all of the following:
(a) Include in the e-mail subject line "ADV:" as the first 4 characters.
(b) Conspicuously state in the e-mail all of the following:
(i) The sender's legal name.
(ii) The sender's correct street address.
(iii) The sender's valid internet domain name.
(iv) The sender's valid return e-mail address.
(c) Establish a toll-free telephone number, a valid sender-operated return e-mail address, or another easy-to-use electronic method that the recipient of the commercial e-mail message may call or access by e-mail or other electronic means to notify the sender not to transmit by e-mail any further unsolicited commercial e-mail messages. The notification process may include the ability for the commercial e-mail messages recipient to direct the sender to transmit or not transmit particular commercial e-mail messages based upon products, services, divisions, organizations, companies, or other selections of the recipient's choice. An unsolicited commercial e-mail message shall include, in print as large as the print used for the majority of the e-mail message, a statement informing the recipient of a toll-free telephone number that the recipient may call, or a valid return address to which the recipient may write or access by e-mail, notifying the sender not to transmit to the recipient any further commercial e-mail messages.
(d) Conspicuously provide in the text of the commercial e-mail, in print as large as the print used for the majority of the e-mail, a notice that informs the recipient that the recipient may conveniently and at no cost be excluded from future commercial e-mail from the sender as provided under subdivision (c).
If you do all this, you're cool, and the law has no effect on you, so quitcher whining. If you don't, then you are a Horrid Evil Spammer Who Should Be Repeatedly Anally Raped and fully deserve all the penalties of the law and more. If you disagree that these are reasonable penalties, then you are either a really bad troll, or a complete asshat. Pick one.
This has already happened. In 1994 a (married) pair of California BBS owner/operators were tried and convicted on Tennessee porn charges.
CUDigest report
It's a particularly bad idea when an official in some other state decides to set you up for the fall.
Email: slashdot3@FreeMars.org (Address will be abandoned when it gets spam.)
Who and what has to be in Michigan for this to work?
Read the article:
Sec. 4. (1) A person who sends or causes to be sent an unsolicited commercial e-mail through an e-mail service provider located in this state or to an e-mail address held by a resident of this state shall not do any of the following:
Yes.
Other states' laws are available at the same site.