Slashdot Mirror
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.
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)
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.
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!