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Circumventing CAN-SPAM
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."
He'll get the message.
You can sign up your phone number for the nationwide don't-call list and politicians are still allowed to call you. Just the other night some dude from the democratic party disturbed my dinner. Are you surprised that e-mail is not treated any different?
... and the fact that american politicians have created a loophole just for them is almost normal from that sad scene ...
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.
then any of the other spammers that ignore the can-spam act???? I get more spam now then i ever did!
Programming is simply the application of logic to creativity
So guess what? This guy had hundreds of domains, officially different companies which would act as agents for his clients, so that he (the spammer) could use the same mailing list over and over and over, because it wasn't "him" that was using it; it was his clients.
So basically, CAN-SPAM is really SWISS-CHEESE. There are so many holes in it that any idiot can figure out a way to avoid being penalized.
Unfortunately, there are no holes in the laws protecting these guys from great bodily harm...
The CB App. What's your 20?
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
Just like a politician preach that they are anti-spam, via spam.
Check out my site: IM User Directory
By definition then, if political speech emails are not legally spam, then the politicians are not violating the CAN-SPAM law. The summary is contradictory.
Should you* want politicians to conform to an anti-spam law, the solution is to lobby and vote for either the extension of CAN-SPAM to apply to political speech or alternatively for the creation of a new law. But currently, the politicians are not breaking an existing law. This is a hrader task of course, but that's the only way forwards.
Cheers,
Ian
(*by 'you' I mean US voters, I'm in the UK)
CAN-SPAM was never designed to prevent spam. It was designed to codify what could legally happen, provide a way for web-sites to harvest e-mail, and finally, to prevent the states from enacting new laws against these companies. For all purpose, it was a giveaway to BIG money that does spam (and inheritenly, the lobbyists). SO anybody who voted for it, supported spam, but could declare that they were fighting against it i.e. bait via name, but switch via action (think patriot act).
I prefer the "u" in honour as it seems to be missing these days.
Both political and charity based mailing are exempt from from the CAN-SPAM law; same as they are exempt from the Do Not Call list. So it is not a case of definition or a loop hole, they are specificly allow to do so.
What was really funny in the Florida case is that they guy had campaigned on SPAM and had pushed for tough anti-spam laws. Then to top it off they released a message saying "This is not spam. This is truthful, it's straight forward. We're honest. To be spam it has to be, under Florida law, defined as being deceptive." No matter how it goes that is all just funny.
BTW there has been a court case over the exemption for political and nonprofit organization, the FTC argued that they were less likely then for-profits to abuse the practice.
Yes, phone robot autodialers are illegal... except of course if they are talking about something political. Spam and do-not-call as well. It's all in there.
Imagine the analog for mugging laws; mugging is illegal unless it is being done to raise campaign funds, in which case it is forgivable. Sounds silly, doesn't it, but I don't see a difference from the way they are writing the laws now.
If a tactic is annoying, intrusive and disliked enough to make it illegal, I have no idea why the politicians involved in this are unable to see that it is not a good idea to be the exception.
Here is california politicians are perticularly fond of auto-dialers; even the local unions use them.
+++ ATH0 +++
Maybe it's just a coincidence, but most of the articles I read about spam always mention Florida.
Maybe a big filter between Florida and the rest of the World would work, and while we're at it a 100 ft high wall.
I'm seeing a lot of comments here about how "those dirty politicians put a loophole in the law to exempt themselves." I, for one, am glad! This is called freedom of speech. Freedom of speech is extremely annoying...especially to those people who don't want to hear it. Guess what...Its one of the U.S.'s founding principles, so get over it. If there wasn't a loophole in the law for political speech, the ACLU would be up in arms about it, and rightly so!
On a different note, it is stupid that they are trying to redefine the word "Spam". In my mind, Spam isn't limited to email. If you're playing WoW and someone shouts "Lvl 30 Warrior LFG!" 30 times in a row, then they are spamming. "Spam" covers a wide range of annoying actions in the electronic media.
I don't trust politicians to define what "spam" is, and I don't trust them to make laws restricting any kind of online use. They simply don't understand the medium.
EVERY incumbent should be thrown out of office. This is the ONLY way to get anything useful, meaningful, honest or good accomplished: all of the elected congresscritters know that no matter what they do they'll be back in office. Three cycles of single term US Reps will solve the problem nicely and convince them that they had better start staying the course or they won't get those annual raises-that-aren't-raises.
This sounds good, and it seems like a hopeful sign that general approval ratings of congress are at 30% (plus-or-minus), and as a result one might be willing to believe that a "throw-the-bums-out" movement is building.
Unfortunately, it won't happen. As Tip O'Neil pointed out, "all politics are local." Unless a particular congresscritter has gotten up the nose of his or her constituents, it will be pointed out that "why, yes, all of those other no-good, lying, cheating, votes-for-sale politicians should be thrown out! But you need ME to keep the pork-barrel projects coming into our district!" Much as we might like to, we can't vote against Tom DeLay unless we're in his district.
Which isn't to say "don't bother," but rather to say, "don't expect a totally-wiped-out Congress in one election."
Strike while the irony is hot! -- The Freethinker
Shocked I say! To think politicians believe they're above the laws they write! Next thing you'll be telling me is that they rearrange voting districts to prevent them from losing elections...
By the taping of my glasses, something geeky this way passes
Just wait until stuff written like this starts flooding people's mailboxes:
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Yes indeed, we CAN spam! God Bless America!
This is so ridiculously not news. All such legislation has loopholes that protects politicans and their lobbying interests. For example, it's not illegal for AARP to ignore the "do not call list," and as such, the only annoying telemarketing I get is from sham "clothing donation" groups (where the telemarketing firms take 50% or so of the "donation"). Anybody bitching or even insinuating that politicians are somehow "circumventing" CAN-SPAM is an idiot. Such use was pre-ordained in the legislation.
There exists no way of exchanging information without making judgments. --Bene Gesserit Axiom
...wait...were his lips moving?