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: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).
- Bulk, i.e. distributed to a mailing list of harvested addresses
- If individualized, is obviously a form letter or computer-customized letter
- We are well aware of address harvesting programs that comb domain registries for addresses and, for example, address them to "ganesha.org" or even the owner of the domain.
- Has forged headers whose purpose is to disguise the true origin
- Any of the following (automatically)
- Pornography
- It's an open question as to whether sending pornography to business-related addresses could constitute sexual harassment if an employee considers it offensive. It may depend on the state from which it is sent and to which it is delivered. There are probably plenty of trial lawyers who might take an interest in finding out and, if you make the mistake of getting our attention, we will contact one.
- Make money fast schemes, chain letters, multilevel marketing (MLM)
- A mailing from firstlotto.co.kr which (although we can't read Korean here) looked like an ad for a foreign lottery (illegal in the U.S.) was recently (October 2002) forwarded to the U.S. Postal Inspection service, along with a Nigerian "419" scam. The Nigerians' misfortune was that the envelope for sending Firstlotto.co.kr to the Postal Inspector was open and still had room in it, so their E-mail (with full headers) went in as well. The senders made the mistake of getting our attention through repeated harassment, and you do not want our attention in this context.
- Viagra and other pharmacy-by-Internet ads
- Credit repair
- Mortgage counseling
- spamware (E-mail lists, software to facilitate spam, and offers to send spam)
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.
"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."Illegal spam: Piracy and warez, foreign lotteries, Nigerian scams (pigeon drops), illegal pornography
- 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.
- Assignment of copyright does not apply, of course, to web sites that are spamvertised without the owner's consent, i.e. where the spammer is not the owner or the owner's agent (affiliate). I am well aware of "revenge spams," sometimes known as "joe jobs."
- 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
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
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Sale of pirated software is illegal. Ads for "backups" of commercial software are often really ads for pirated software.
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File a complaint to USPIS online. |
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Pornography by itself is not illegal but sending it to minors is. Transmission of child pornography is automatically illegal.
Transmission of pornography even to adults may be illegal if it
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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.
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"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.
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| Illegal to send adult material without identifying it as such in
the subject line, e.g. ADV-ADULT
California
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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)
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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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