--- From: "Halpert, Jim - DC" <jim.halpert@private> To: "'Declan McCullagh'" <declan@private> Subject: RE: [Politech] Why Fed antispam law is useless, by James Maule [s p] Date: Sun, 23 Nov 2003 21:05:36 -0500 Declan: I helped with drafting the criminal provisions of this bill and they are not a paper tiger. U.S. spammers who use falsification techniques (falsified headers, viruses, proxy abuse, falsified email account or domain name registration or zombie netblock abuse), do so at risk of 3-year felony penalties -- more if they use more than one of these techniques. As for the person in the U.S. who hires the foreign spammer to advertise a website for them will face direct criminal liability under new Section 1037 of the federal criminal code if the spam involves falsification -- as most spam does -- and can be sued civilly by ISPs, the FTC and state AGs under the civil provisions of the bill. Some difficulties proving the criminal violation, of course, but "nastygrams" should be very helpful for proving civil violations. -- Jim Halpert _______________________________________________ Politech mailing list Archived at http://www.politechbot.com/ Moderated by Declan McCullagh (http://www.mccullagh.org/)
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