Slashdot Mirror


Still No Federal Spam Law

jdedman4 writes "Declan McCullagh writes in c|net that the Congressional Republicans and Democrats are quibbling over proposed federal anti-spam legislation. The root of the disagreement is the class action, a specialized joinder rule in lawsuits which needs little or no introduction, and which is prohibited in one version of the legislation. The new anti-spam legislation in Texas, which is to take effect September 1, has a similar prohibition. (See here for an analysis of the new Texas anti-spam law.) It is certainly true that the class action joinder rule can take a relatively frivolous individual claim that an attorney would not pursue and transform it into a lucrative and dangerous claim with a potential for high recovery. However, the measure can be appropriate when large number of individuals' rights are violated by a defendant's course of conduct but the cost of vindicating those rights is too great. With spam, the latter situation seems to be the most logical, as recipients of unsolicited commercial email are harmed, but their economic damages are not severe enough to merit an individual lawsuit on their behalf. Even with relatively high statutory penalties against spammers, the cost of locating the offender and investigating its corporate structure, if any, might dissuade a plaintiff's attorney from pursuing the claim. Plus, it seems the problem with class actions in this context would be practical, not philosophical, as most spammers would be either judgment proof or out of the jurisdiction."

12 of 255 comments (clear)

  1. Lets make people more aware. by danormsby · · Score: 5, Funny
    Can we make more people aware of these law discussions?

    Lets forward it to all our friends, and tell them they have to forward it all their friends.......

    --
    Omnis amans amens
    1. Re:Lets make people more aware. by bathmatt · · Score: 4, Funny
      Lets forward it to all our friends, and tell them they have to forward it all their friends.......

      Here is a good idea, lets get a huge mail list and send it to everyone in the world. Like some sort of mass e-mailing.

  2. Maybe a little cruise missle diplomacy is needed. by mikeophile · · Score: 5, Funny

    We just need to connect the word "spammer" with "terrorist" a little more firmly in the Congressional mind.

  3. No more spam by Geldon · · Score: 2, Funny

    No more spam? what will I eat in college?!

    1. Re:No more spam by Bob+McCown · · Score: 3, Funny

      Ramen, obviously...

  4. Wow by mao+che+minh · · Score: 1, Funny
    It simply isn't possible. A long, well written, grammatically correct and subjective story posted to Slashdot. Amazing. Frankly, that is more compelling to me than the content of the article itself.

    In any event, I find it feasible enough to write up very simple litigation concerning spam that pretty much models the anti-telemarketer bill/law/whatever. That is, make a national registry on the state level. If you sign it, you don't want spam. If someone spams you, you report it, and the people are punsihed (I would prefer shot and killed, but simply "punished" is enough).

  5. Spam laws suck by grub · · Score: 5, Funny


    Spam should be protected as Freedom of Speech (Freedom of Expression in Canada). How else would I have learned about how unsatisfying I am with my small penis? Oh, let me also tell you about the great deal I got on herbal Viagra! And I'm not "seek of spam", thankyouverymuch! If people would quit bitching and actually responded to some of this informative mail they'd be MAKING MONEY FAST! In fact my contact in Nigeria, DR. FRED MBOGO assures me that I'll have millions more in just a few days as I sent my banking details to him!

    Laugh away, cretins, spam made me what I am today!

    --
    Trolling is a art,
  6. Simpsons and Congress by White+Roses · · Score: 2, Funny

    Kent: With our utter annihilation imminent, our federal
    government has snapped into action. We go live now via
    satellite to the floor of the United States congress.
    Speaker: Then it is unanimous, we are going to approve the bill to
    evacuate the town of Springfield in the great state of --
    Congressman: Wait a minute, I want to tack on a rider to that bill: $30
    million of taxpayer money to support the perverted arts.
    Speaker: All in favor of the amended Springfield-slash-pervert bill?
    [everyone boos]
    Speaker: Bill defeated. [bangs gavel]
    Kent: I've said it before and I'll say it again: democracy simply
    doesn't work.

    --
    Do not touch -Willie
  7. I just don't get it. by Anonymous Coward · · Score: 0, Funny

    Why all the fuss about Spam?

    I mean, have you ever tried it?

    I've always found Spam to be a satisfying, tasty treat made of meat. Its wonderful!

    I'll never forget those camping trips as a kid... waking up with dad at sunrise, gathering tinder from the forest for our morning fire, and frying up some good, yummy spam in our iron skillet. The wonderful smell would wake up mama and sis' from their slumber, and sleepy-eyed we'd all sit on logs, happily eating spam and eggs, with mama and dad drinking coffee as well.

    How can all of you self-righteous techies want to take away such lovely childhood memories from all of the innocent, spam-loving children in the US? Are you all sadistic, or something?

    I hope the Hormel Secret Police find you all, and punish you something awful... you... you... Anti Spam-ites!

  8. Class action? I can see it now... by Zapman · · Score: 3, Funny

    Subject: You have been selected...

    You have been selected as a recipient of spam. Go to this website to collect your damages. Make money fast.

    --
    Zapman
  9. Re:It's not a bad thing by Anonymous Coward · · Score: 0, Funny

    >angle-bracket's are stripped

    <you mean like these?>

    you just have to enter them as entities ( &lt; )

  10. Re:It's not a bad thing by One+Louder · · Score: 3, Funny

    Please list one social problem that had a technological solution.Spousal fidelity - chastity belt.