RE: CRIME Just Passing This Along

From: Kuo, Jimmy (Jimmy_Kuo@private)
Date: Mon Oct 21 2002 - 22:18:41 PDT

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    As much as I would love for this to be held after appeal, I think there's no
    way this will be upheld.
    
    As there was just another message posted here about jurisdictions, I'd have
    to agree about Federal jurisdictions on email.  If an email is sent from
    Oregon, *supposedly to someone in Washington*, there's no guarantee that the
    email ever existed in Washington.  Suppose the Washingtonian read his email
    on an AOL server residing in Maryland?
    
    Apart from the wires being FCC jurisdiction, no one can count the number of
    emails out of the 20,000 that actually resided physically in Washington.
    
    How many email messages is required to qualify under the Washington law as
    "spam"?
    
    Jimmy
    
    -----Original Message-----
    From: Soren.J.Winslow@private [mailto:Soren.J.Winslow@private]
    Sent: Monday, October 21, 2002 9:04 AM
    To: crime@private
    Subject: CRIME Just Passing This Along
    
    
    I don't know if this got passed along or not, but I thought it would be
    good to share......
    
    Oregon Man Fined For Spam E-Mails
    
    http://story.news.yahoo.com/news?tmpl=story&ncid=528&e=7&cid=528&u=/ap/20021
    019/ap_on_hi_te/spam_lawsuit
    
          By PAUL QUEARY, Associated Press Writer
    
          SEATTLE (AP) - An Oregon man was ordered Friday to pay nearly
    $100,000 in the first case brought under Washington's tough law against
    "spam" e-mails.
    
          Attorney General Christine Gregoire's office estimates that Jason
    Heckel, 28, of Salem, sent as many as 20,000 unsolicited e-mails to
    Washington residents in 1998, trying to sell a $39.95 booklet called "How
    to Profit from the Internet."
    
          The case was the first brought after the Legislature banned
    commercial e-mail with misleading information in the subject line, invalid
    reply addresses or disguised paths of transmission.
    
          Judge Douglass North ordered Heckel to pay a $2,000 fine and more
    than $94,000 in legal fees.
    
          Heckel didn't appear in court. In a written statement he said he
    never intended to break the law, and that he made only about $680 from book
    sales.
    
          Heckel's lawyer Dale Crandall said he plans to appeal, and argued
    that state anti-spam laws violate the U.S. Constitution's protection of
    interstate commerce.
    
          "It would create a patchwork of laws that would be impossible to keep
    up with," Crandall said.
    
          Gary Gardner, executive director of the Washington Association of
    Internet Service Providers, one of the anti-spam law's backers, said he
    hoped the fine is the beginning of a new push to enforce the law.
    
          "Our goal was never to make any money on this stuff," Gardner said.
    "It's to put these people out of business."
    
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