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Circumventing CAN-SPAM

Posted by ScuttleMonkey on from the brought-to-you-by-the-us-government dept.

Dekortage writes "The iMedia Connection newsletter is running a story on how some politicians are violating CAN-SPAM with impunity. Apparently so-called 'political speech' e-mails do not fit the legal definition of spam, even if they are wholly unsolicited and unwanted. In this particular case, the spammer is the attorney general of Florida, who considers himself an anti-spam crusader."

6 of 127 comments (clear)

  1. Send it back to him ... by tomhudson · · Score: 3, Insightful
    a hundred times ... and also by fax ... burn out his fax machine and keep him from getting any legit faxes.

    He'll get the message.

    1. Re:Send it back to him ... by TheRaven64 · · Score: 3, Insightful

      I am not a lawyer, and this is not legal advice. That said, most of these spam-laws have exemptions for existing 'prior business relationships' and I think it could be argued that, by emailing you, he has formed such a relationship. If you sent him a fax request, one letter per page, requesting that he terminate this relationship, then you could (presuming sufficiently deep pockets) get away with it. Of course, you are safe until after the election anyway - he's not going to want to all of the bad publicity he would get from 'suing a constituent who asked him to stop spamming them' (as the newspapers would be sure to spin it) in the run up to the gubernatorial elections.

      --
      I am TheRaven on Soylent News
  2. SPAM is SPAM ... by xdesk · · Score: 3, Insightful

    ... and the fact that american politicians have created a loophole just for them is almost normal from that sad scene ...

  3. Faux-Spam by Foxman · · Score: 5, Insightful

    Is it spam or not?

    Spam is often referred to as UCE "Unsolicited Commercial Email", which his emails were not. We tend to apply a broad label to spam. Often "Any email I don't want.", which may not be fair in all cases. In any case the law seems fairly clear that he was not technically breaking it.

    However, as someone who says they are a proponent of anti-spam, engaging in "spam like" behavior can only undercut their position.

    --
    There is no invention in the history of mankind that has allowed him to make more mistakes quicker than the computer.
  4. What I've found by OYAHHH · · Score: 3, Insightful

    Is,

    That if you get on the phone and call these idiots often enough to complain they sometimes get the message.

    Just tell them that you will call each time you receive that unsolicited email or phone call from them.

    Make absolutely certain that you put the poor staffer on the hotseat. Make sure they fully understand that who they represent is invading your privacy and that you will not tolerate it.

    If they try to hang up on you then simply tell them that if they don't hear you out that you are a constituent that will be walking through their front door to give them the piece of your mind in person otherwise. That usually really gets their attention.

    Being a bit obnoxious can have it's benefits.

    Don't accept crap from those boneheads, you bought and paid for them to be there, get your money's worth!

    --
    Caution: Contents under pressure
  5. Protected Political Speech... by shrubya · · Score: 3, Insightful

    Just wait until stuff written like this starts flooding people's mailboxes:

    Vote for Hot Hot Cocks

    Write-in a vote for Ron Jeremy this November! http://videos.hothotcocks.com/

    Join other supporters of hot hot cocks on our campaign website at http://singles.hothotcocks.com/

    Our political platform is the right to huge erections and unlimited C1ALIS for all citizens. http://canadianpharmacy.hothotcocks.com/

    Yes indeed, we CAN spam! God Bless America!