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Date: 1998-07-23
SPAM: Pro Mail bis zu 1000 Dollar Strafe-.-. --.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- Anti/Spam/Gesetzes, welches es Otto Normal/user ermöglicht, gegen Massenmailer gerichtlich vorzugehen, der erste Fall gerichts/notorisch. Die Strafen belaufen sich auf 500 bis 1000 U.S. Dollar pro unverlangter Massenmail. relayed by O.Lendl@Austria.EU.net -.-.- --.- -.-.- --.- -.-.- --.- -+By Michael J. Martinez ABCNEWS.com I S S A Q U A H, Wash., July 22 When Washington passed its anti-spam law, Adam Engst hadnt really thought of suing, even when the first e-mail from WorldTouch Networks showed up in his mailbox. By the time the 20th e-mail showed up, he had already called his lawyer. The new law in Washington state, only the second such law in the nation, allows everyday e-mail users to go after spammers in civil court. Even though the law is fairly narrow, the first lawsuit has already been filed, and another company already reached a settlement with a different e-mail user. Washington may be one of the first, but chances are it wont be the last. Other states may soon launch anti-spam efforts, and a series of anti-spam bills are being considered in Congress. Spams Selling Spam Software Engst, author of a number of computer books and publisher of the Internet newsletter TidBITS, filed suit on Friday in King County Superior Court against WorldTouch, a Los Angeles-based mass marketer. Since the anti-spam bill was signed June 11, Engst, his wife, Tonya, and two contractors for his newsletter, Geoff Duncan and Jeff Carlson, have received more than 100 advertisements for Bulls Eye Gold, a program that crawls the Web, gathering valid e-mail addresses. I think of this as a community service were doing, Engst says at his home office near Seattle. This is just to show people that this is an unacceptable way of doing business, and maybe they wont do it again in Washington. Its only a matter of time before others join Engst in the courts. And the state is ready to help out if need be. We will certainly be looking to take action against spammers, says Janice Mairch of the state attorney generals office. Were already taking complaints on our Web site, and while thats not what we base our final decisions on, its our Number One indicator of who might be breaking this law. State Targets False Senders Washingtons law is fairly simple. In order for an e-mail to be considered true spam, it must be commercial in nature, unwanted by the user, and either the return e-mail address must be nonfunctional or the subject line must be misleading. In other words, if you cant tell what the mail is about by reading the subject line or you cant reply to the the sender to tell him to remove you from their list, you can sue. The law says e-mail users can collect $500 per e-mail, and those running the e-mail server can collect $1,000 per e-mail. In many ways, it parallels the junk fax statute, says Engsts lawyer, Brady Johnson. I think itll be upheld if theres a challenge to its validity. The federal junk fax statute makes it a crime to send unsolicited commercial faxes, and allows for damages of up to $1,500 per fax. Full text http://www.abcnews.com/sections/tech/DailyNews/spamsuit980722.html -.-.- --.- -.-.- --.- -.-.- --.- TIP Download free PGP 5.5.3i (Win95/NT & Mac) http://keyserver.ad.or.at/pgp/download/ -.-.- --.- -.-.- --.- -.-.- --.- - -.-. --.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- edited by published on: 1998-07-23 comments to office@quintessenz.at subscribe Newsletter - -.-. --.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- -.-. --.- 
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