Usage of E-mail addresses at Ganesha.org, Clausewitz.org, and CT-Yankee.com
These E-mail addresses are for transacting legitimate business at ganesha.org, clausewitz.org, and ct-yankee.com. Individualized E-mail, i.e. mail that a person has taken his or her time to address as a unique E-mail, is not considered spam even if it is commercial in nature. Unsolicited bulk commercial E-mail (UCE or "spam") is unwelcome at any addresses in these domains. UCE is defined as any commerical E-mail that is:
  1. Bulk, i.e. distributed to a mailing list of harvested addresses
  2. If individualized, is obviously a form letter or computer-customized letter
  3. Has forged headers whose purpose is to disguise the true origin
  4. Any of the following (automatically)
The very best that the sender of such E-mail can hope is that it will be deleted unread but, by sending such material, the sender agrees to the contractual offer shown below (in addition to risking the usual consequences of spamming, i.e. reporting to service providers).

E-mail, even if commercial, that shows that a human sender has actually taken the time to prepare and address an individualized message, is not considered spam and the worst that will happen is that it will be deleted unread.

Contractual offer: waiver of privacy and assignment of intellectual property rights
"In consideration of the domain owner's time (i.e. you are accepting the fact that my time is a consideration that is worth money or its equivalent) that is spent dealing with the UCE, the sender waives all rights to privacy and copyright protection related to the UCE. This means the sender is assigning me a nonexclusive license to use any images, text, or code in the spam or readily available (i.e. does not require a password to access) on the advertised Web site. Furthermore, you agree that any intellectual property or information (e.g. images) in UCE constitutes an unsolicited gift that I can use, resell, or give away."
  1. If the spam contains images, or advertises your Web site that contains images, please be sure that the photo releases (e.g. models, owners of photographed property) allow you to sublicense the pictures to third parties. By sending me UCE, you are warranting that you are allowed to sublicense these pictures and you agree to defend, indemnify, and hold me harmless from any allegations of copyright infringement. If you are not entitled to sublicense such images, do not send me UCE. If you do not consider these terms acceptable, do not send me UCE. This does not constitute legal advice; if you have questions about the enforceability of this contract please contact an attorney.
  2. This contractual offer is effective immediately (24 December, 2001) with respect to new addresses posted at ganesha.org and ct-yankee.com, as these addresses have not been added to any spam lists. It also applies to all other addresses in these domains as of 1 January, 2002, public notice having been given in news.admin.net-abuse.email on 12 December, 2001. Possessors of such mailing lists are advised to remove all addresses at ganesha.org and ct-yankee.com, and also wlevinso "at" ix.netcom.com.
Key Antispam Resources
Illegal spam: Piracy and warez, foreign lotteries, Nigerian scams (pigeon drops), illegal pornography
Note: spam, by itself, is not illegal. Do not waste law enforcement authorities' time by reporting ordinary spam or usenet abuse to them. Spam may be illegal, though, if it involves the following. (I am not a lawyer, and this does not constitute legal advice.)
Spam laws: Federal and State
Piracy and warez

Sale of pirated software is illegal. Ads for "backups" of commercial software are often really ads for pirated software.

Policy toward Microsoft: My position on Microsoft's new intrusive policy (you must register your XP-generation products online and reregister if your computer configuration changes) is as follows as far as notifying Microsoft about pirated software: Microsoft, you're on your own. I'll assume that your new invasive policies toward your legitmate customers equip you to do your own police work. If the spam advertises Adobe, Corel, or Norton products as well, it will be reported to those companies. This does not mean I condone piracy of Microsoft; such spams will still be reported to the spammer's service provider as both spam and apparent software piracy.
Illegal use of the U.S. Mail
  • Chain letters
  • Foreign lotteries (e.g. Korean lotteries)
  • Nigerian scams that are effectively "pigeon drop" scams
These can be reported to the U.S. Postal Inspection Service via the Web site. Also, I believe that you can print the offending material and send it to "U.S. Postal Inspector" at your local post office without applying stamps (since it's U.S. Postal Service business). My own complaints have not been returned to me for postage.

File a complaint to USPIS online.

Illegal Pornography

Pornography by itself is not illegal but sending it to minors is.

Transmission of child pornography is automatically illegal.
 Child pornography reporting resouces: U.S. and European law enforcement links

Transmission of pornography even to adults may be illegal if it

  1. does not include the warning ADV-ADULT in the subject line or
  2. involves header forgery
See below for spam laws by state. Morality in Media, Inc. Form for reporting illegal pornographic spam to your state's attorney general.
     
More on the Nigerian "419" scam
From "Nigeria - The 419 Coalition Website."
This scam is similar to the "Spanish Prisoner" scam in which someone claims to have found a lot of money. He needs your help to get it out of the country, though, and you have to put up money of your own for fees, bribes, and so on before you can get your share of the "found" money. "419 Fraud" (Four-One-Nine) comes from the relevant section of the Criminal Code of Nigeria regarding cons.

The U.S. Secret Service has taken an interest in this scam.
"If you are a United States Citizen or Resident and have suffered No Financial Loss write "No Financial Loss - For Your Database" on the documents you received and Fax them to the US Secret Service Task Force handling Scam matters at 202-406-6930 or 202-406-5031. Actual hardcopy of the 419er document(s) is required to add your 419ers information to the Task Force Database for legal reasons, merely telling Task Force about it will NOT suffice." You are unlikely to get a reply, though, unless you suffered a financial loss. Nonetheless, your report will still help the task force deal with this scam.

"You may also email the 419er documents, especially any Banking Data they may have given you, marked No Loss, to Task Force Main in DC; that is also acceptable." E-mail  419.fcd "at" usss.treas.gov (A good place to forward E-mail spams; be sure to include the full headers of the spam.) Also copy 419 "at" nigeriapolice.org 

 "If you have NOT suffered a financial loss, so the matter is not Urgent, you may alternatively SNAILMAIL the Scam documents you have received to the United States Secret Service, Financial Crimes Division, 419 Task Force, 950 H Street, Washington, DC, 20001-4518, USA. But be sure to mark your documents "No Financial Loss - For Your Database" as described above." 



These can also be reported to the U.S. Postal Inspection Service via the Web site. Also, I believe that you can print the offending material and send it to "U.S. Postal Inspector" at your local post office without applying stamps (since it's U.S. Postal Service business). My own complaints have not been returned to me for postage. Again, be sure to include the full headers of the spam to allow it to be traced to a sender's E-mail account.
Spam laws by state (does not constitute legal advice)
Illegal to send adult material without identifying it as such in the subject line, e.g. ADV-ADULT

California
Colorado (ALL unsolicited bulk commercial E-mail must have "ADV")
Kansas
Minnesota (ALL unsolicited bulk commercial E-mail must have "ADV")
Nevada  (ALL unsolicited bulk commercial E-mail must have "ADV")
Pennsylvania (additional penalties for header forgery on adult material)
South Dakota  (ALL unsolicited bulk commercial E-mail must have "ADV")
Tennessee
Utah
West Virginia: sexually explicit spam is illegal, period?
Wisconsin

Illegal to alter message headers (e.g. use a third party's address) when sending commercial or (especially) bulk commercial E-mail.

Arkansas (also illegal to distribute spamware that does this)
Colorado
Connecticut
Delaware (enforceable outside the state if recipient is in DE)
Illinois (applies if delivered to IL resident by IL service provider)
Iowa
Kansas
Louisiana (more than 1000 recipients)
Maryland
Minnesota
Nevada (also illegal to distribute spamware that does this)
North Carolina
Ohio
Oklahoma (also illegal to distribute spamware that does this)
Rhode Island  (also illegal to distribute spamware that does this)
South Dakota
Tennessee: illegal to distribute spamware that does this
Utah
Virginia
Washington
West Virginia

For enforcement, the spammer and the spammee must often be in the same state, but not always. Some states can enforce laws against a nonresident who operates a computer within the state, or sends the spam through a computer in the state. Many of the states listed above also require opt-out instructions to be provided. The Internet community does not, however, recognize "opt out" as an acceptable alternative to not spamming in the first place.

Links to other resources (links valid December 2002)

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