FC: Brad Templeton on Sen. Lieberman, laws, and overseas spam

From: Declan McCullagh (declanat_private)
Date: Mon Jan 20 2003 - 20:02:15 PST

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    Previous Politech messages:
    
    "Weekly column: Sen. Joseph Lieberman, spammer-in-chief?"
    http://www.politechbot.com/p-04335.html
    
    "Can we stop Sen. Joseph Lieberman from spamming?"
    http://www.politechbot.com/p-04336.html
    
    ---
    
    Date: Mon, 20 Jan 2003 19:28:07 -0800
    From: Brad Templeton <bradat_private>
    To: Declan McCullagh <declanat_private>
    Cc: disenbergat_private
    Subject: Re: FC: Can we stop Sen. Joseph Lieberman from spamming?
    In-Reply-To: <5.1.1.6.0.20030120214140.01aea960at_private>; from 
    declanat_private on Mon, Jan 20, 2003 at 09:45:12PM -0500
    Organization: http://www.templetons.com/brad
    
    
    A worthwhile analysis but it is worth also noting:
    
    I think people fear not just candidate mail when it comes to
    political spam.  Many people feel that dealing with spam must
    be done in a content-neutral way, with no special punishments
    or special exceptions based on _what_ the messages says rather
    than how it is sent.
    
    They fear political (or non-commercial) spam of all sorts,
    mail not just from candidates but from anybody with an issue to
    promote, which is tens of thousands of special interest groups
    and possibly millions, when the price is low enough, as it is.
    
    Most spam laws have tried to focus on commercial spam, hoping
    it is less protected.  But the high court in Cincinatti vs.
    Discovery Network ruled that in fact that's just what you can't
    do.  If the problem being solved isn't inherently commercial,
    you shouldn't use the lower protections on commercial speech as
    a loophole.
    
    (Not that domestic spam laws have much chance of actually working.
    We have 25 spam laws now, I think, and none have done a whit against
    spam nor shown much sign of doing so.  However, the definition of
    spam also must be well stated even for non-governmental attempts
    to get at spam.  I know of no plan to make that defintion not include
    political or charitable spam.)
    
    Single spams are indeed less annoying than phone calls, they are
    less annoying that just about anything.  Spam annoys because of its
    spam,spam,spam,spam high volume, just like the monty python sketch.
    The content of the message is not relevant.
    
    In fact, attempts to regulate only advertising fail, as a good percentage
    of spam today is not advertising.  (The most common spam is a
    confidence trick that offers no product for sale but offers to give
    you 22 MILLION DOLLARS hidden in a Nigerian bank.)
    
    If political spam were exempted and the volume were found to be low
    enough to not affect greatly the utility of E-mail the way current
    spam volumes do, it might continue to be tolerated, but I doubt it.
    
    More to the point, existing spammers would find a way to make their
    messages political.
    
    "They're trying to ban cheap overseas Viagra!  People now know if
    you go to Google and search for "cheap overseas viagra" you will
    find good low priced suppliers.  But the government wants to make this
    illegal.  Write to your congressman and tell them you want it to
    be legal."
    
    Political message?  or Ad?
    
    
    
    
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