--- From: "Steelhead" <bill@ries-knight.net> To: <politech@private>, <declan@private> Subject: More on spam from California Re: A few more replies on merits of House anti-spam bill Date: Tue, 23 Sep 2003 20:06:51 -0700 The California Legislators have done a spam bill... and the governor has signed it. Will it hold up to court scrutiny? I added many emails to the fight for a good spam bill and it seems the perspective I hold was followed somewhat well. .... This bill would authorize the recipient of a commercial e-mail advertisement transmitted in violation of these prohibitions, the electronic mail service provider, or the Attorney General to bring an action to recover actual damages and would authorize these parties to recover liquidated damages of $1,000 per transmitted message up to $1,000,000 per incident, as defined, subject to reduction by a court for specified reasons. .... http://info.sen.ca.gov/pub/bill/sen/sb_0151-0200/sb_186_bill_20030911_enrolled.html Cable and satellite TV, the no-call list, TiVo, and now no-spam are all major impacts to marketing towards targeted audiences with large swipes. The avenues for getting to people with advertising is diminishing in quantum leaps, and the industry is not going to be pushed any more. I have spoken to many of the Legit commercial emailers over the last several months, and I think they will fight this with a test case ASAP. They are part of the Direct Marketing industry, and there is a need for their services by anyone with products looking for a market share. I expect the challenge will be by a firm outside of California that will dispute the jurisdiction of California Law to control what they can do from a state like Delaware which is far more business friendly. My 2cents Bill Ries-Knight Stockton, California. --- Subject: Spammers may face $1m-a-day fines - an Australian perspective Date: Thu, 18 Sep 2003 13:34:48 +1000 From: "Simon Bedak" <SBB@private> To: "Declan McCullagh" <declan@private> Declan Saw this in this morning's local news (Syd Morning Herald) and thought it might be of interest to the Politech list. The story is about proposed legislation to be introduced to the Aust Federal Parliament which'll dish out $1m fines per day for unsolicited spam email originating within Australia. Can't imagine it'll cause much of a ripple in cyberspace, but it might generate publicity here for the reason that the understood exemptions are to be Government bodies, political parties, charities and religious organisations; each of whom'd be able to send as much spam as they like (read "can"). It'll be interesting to find out how the legislators define what spam is, together with the proposed exemption details. Will keep you posted as details arrive. Cheerio Simon Bedak Sydney, Australia ------------------------------------------------------------------------ --- Spammers may face $1m-a-day fines By Cosima Marriner, Sydney Morning Herald 18 September, 2003 'Spammers" who repeatedly send unsolicited bulk email could be fined up to $1 million a day under new anti-spam laws shortly to be introduced into Federal Parliament. But the Government, political parties, charities and religious organisations, which are understood to be exempt, would still be able to send as much spam as they like. Estimates suggest spam accounts for half of all emails. The Government wants to make it illegal to send unsolicited bulk email within Australia. Under the laws, businesses will be able to send marketing material only to consumers who have already asked to receive those types of emails. They will have to include accurate contact details, including the name of the business, phone number and physical address, in every bulk email sent. Businesses that break the law will be liable for fines. Repeat offenders could face a maximum $1 million fine for every day they persist in sending spam. The industry regulator, the Australian Communications Authority, will enforce the law. The anti-spam laws apply only to unsolicited email that originates within Australia. A local spam-filter company, Spam Trap, estimates 0.5 per cent of global spam comes from Australia. A third of the spam comes from the United States, 18 per cent from China and 9 per cent from South Korea. ... _______________________________________________ Politech mailing list Archived at http://www.politechbot.com/ Moderated by Declan McCullagh (http://www.mccullagh.org/)
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