FTC Tries to Can Sex Spam

F_SMASH writes "The United States' Federal Trade Commission (FTC) has charged a group of companies and individuals with failing to include required warnings on 'sex' related spam e-mail."

Comments

Re:Offshore?

[pjrc]

How is the US FTC going to charge them?

Well, from the MSNBC article:

But Harrington said the CAN-SPAM Act, which took force last January, makes all firms that engage in affiliate marketing liable for the actions of their sub-contractors.

"There's a message here for anybody running an affiliate program; you need to monitor what the third parties are doing," she said. "If you are using a business model that recruits others, you are strictly liable for the practices of those third parties. It's not just the people who push the button. It's the business that provides the financial incentive. The law is clear and strict."

And quoting from the CNN Money article:

A federal judge has issued a temporary restraining order against the defendants that prohibits them from sending similar e-mails and freezes their assets, pending a preliminary hearing.

Now if all the companies and people involved are outside the US, or they keep all their money stuffed in their mattresses and pay cash for everything, maybe they can just run away.

But if they've done any banking within the US, they probably stand to lose all their money if they don't show up in court. (now if only groklaw would cover these cases....)

MLATs

[taxman_10m]

http://travel.state.gov/law/info/judicial/judicial _690.html

Criminal Cases Mutual Legal Assistance in Criminal Matters Treaties: Mutual Legal Assistance in Criminal Matters Treaties (MLATs) are relatively recent development. They seek to improve the effectiveness of judicial assistance and to regularize and facilitate its procedures. Each country designates a central authority, generally the two Justice Departments, for direct communication. The treaties include the power to summon witnesses, to compel the production of documents and other real evidence, to issue search warrants, and to serve process. Generally, the remedies offered by the treaties are only available to the prosecutors. The defense must usually proceed with the methods of obtaining evidence in criminal matters under the laws of the host country which usually involve letters rogatory. See "Questions" below.

MLAT Treaties in Force:

I. The United States has bilateral Mutual Legal Assistance Treaties (MLAT) currently in force with: Anguilla*, Antigua/Barbuda, Argentina, Australia, Austria, Bahamas, Barbados, Belgium, Brazil, British Virgin Islands, Canada, Cayman Islands*, Cyprus, Czech Republic, Dominica, Egypt, Estonia, Greece, Grenada, Hong Kong, Hungary, Israel, Italy, Jamaica, Korea (South), Latvia, Lithuania, Luxembourg, Mexico, Montserrat*, Morocco, Netherlands, Panama, Philippines, Poland, Romania, St. Kitts-Nevis, St. Lucia, St. Vincent, Spain, Switzerland, Thailand, Trinidad, Turkey, Turks and Caicos Islands*, Ukraine, United Kingdom, Uruguay.

Likely.

[www.sorehands.com]

The FTC has gone after Global Web Promotions in Australia. The FTC froze the funds that they had in Canda, along with other locations. Even if they are not in the USA, if they take credit cards, their money flows through the USA.

Many countries have signed the Hague Convention which include the rules on cross border enforcement of civil judgments.