Lex Luthor
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One important thing, as I see it, is that you'll actually be able to go after the companies whose products are being advertised in the spam as well as their bank accounts.
I wonder how spammers are going to deal with this. Obviously, a spammer can't tell if an email address they bought on one of those CDs or found on the net is located in California. If they sent out a 1 mil piece of spam, aren't they going to hit 100k California people with it? That could be very costly under this new law.
I'm sure they'll find a way around it, somehow.
I still wonder how difficult enforcement will be. |
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MrJames
join:2003-05-19
Jacksonville, FL | Excellent point. Many companies will have to re-think their "marketing" strategy since they will be liable under this new bill. |
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amenite
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| said by MrJames  :
Excellent point. Many companies will have to re-think their "marketing" strategy since they will be liable under this new bill.
If you look at the entire distribution chain in just about any industry (excluding services), it is clear that producers are not in complete control of distribution. This will be a huge fiasco if lawmakers intend to attempt to penalize manufacturers for the spam of distributors. The law must address this in some manner.
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Lex Luthor
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| said by amenite :
said by MrJames :
Excellent point. Many companies will have to re-think their "marketing" strategy since they will be liable under this new bill.
If you look at the entire distribution chain in just about any industry (excluding services), it is clear that producers are not in complete control of distribution. This will be a huge fiasco if lawmakers intend to attempt to penalize manufacturers for the spam of distributors. The law must address this in some manner.
If someone is spamming Norton Systemworks, for example, I can't image it's going to be Symantec that's going to be liable, it's the company reselling Norton Systemworks that's going to be liable.
I'd guess the law must be written that it's not the company being advertised in the spam is liable, it must be the company that is benefiting from the spam.
[text was edited by author 2003-09-24 10:22:39] |
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amenite
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| said by Lex Luthor :
If someone is spamming Norton Systemworks, for example, I can't image it's going to be Symantec that's going to be liable, it's the company reselling Norton Systemworks that's going to be liable.
I'd guess the law must be written that it's not the company being advertised in the spam is liable, it must be the company that is benefiting from the spam.
[text was edited by author 2003-09-24 10:22:39]
The article says plainly:
quote:
The anti-spam legislation targets not only the firms that package and send the unwanted e-mails to consumers, but also the companies whose products and services are being advertised.
This is all I have to go on right now, and it implies Symantec/Norton *would or could* be liable in your example, as their products are being spammed. It would seem unreasonable to do so, but there's not enough information here to evaluate this.
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snkeyes3
join:2003-09-23
| You're missing one key point:
Most of the spammed products are fraudulant or stolen.
For example: The version of Norton Systemworks being sold via SPAM is a PIRATED COPY!! Symantec has no responsibility in this matter, only the Spammer and the Pirate are liable. |
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amenite
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| said by snkeyes3 :
You're missing one key point:
Most of the spammed products are fraudulant or stolen.
For example: The version of Norton Systemworks being sold via SPAM is a PIRATED COPY!! Symantec has no responsibility in this matter, only the Spammer and the Pirate are liable.
And that's only one example. The are thousands if not millions of potential scenarios involving perfectly legitimate products passing through normal distribution channels. The issue is not addressed in the article. I'd like to see a draft of the legislation to see exactly what's being proposed here.
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CatSnak
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| said by amenite :
said by snkeyes3 :
You're missing one key point:
Most of the spammed products are fraudulant or stolen.
For example: The version of Norton Systemworks being sold via SPAM is a PIRATED COPY!! Symantec has no responsibility in this matter, only the Spammer and the Pirate are liable.
And that's only one example. The are thousands if not millions of potential scenarios involving perfectly legitimate products passing through normal distribution channels. The issue is not addressed in the article. I'd like to see a draft of the legislation to see exactly what's being proposed here.
Here is a link to the bill as it was introduced:
»info.sen.ca.gov/pub/bill/sen/sb_···ced.html
And here is an analysis of the bill:
»info.sen.ca.gov/pub/bill/sen/sb_···oor.html
And here is the enrolled version:
»info.sen.ca.gov/pub/bill/sen/sb_···led.html
[edit] Corrected links to the right bill.
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[text was edited by author 2003-09-24 14:13:00]
[text was edited by author 2003-09-24 14:32:18] |
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amenite
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| said by CatSnak :
Here is a link to the bill as it was introduced:
»info.sen.ca.gov/pub/bill/sen/sb_···ced.html
And here is an analysis of the bill:
»info.sen.ca.gov/pub/bill/sen/sb_···oor.html
And here is the enrolled version:
»info.sen.ca.gov/pub/bill/sen/sb_···led.html
The bill looks fairly innocuous, unless you're a spammer!
From the second link, the analysis, I found this section interesting:
quote:
OPPOSITION : (Verified 5/19/03)
American Civil Liberties Union
American Electronics Association
California Alliance for Consumer Protection
Challenger One
Direct Marketing Association
Internet Alliance
So what is "Internet Alliance" anyway? I wonder where their funds originate.
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