Date: Wed, 20 Nov 1996 13:18:01 -0500 Message-Id: <199611201818.NAA21970@ebt-inc.ebt.com> To: email@example.com From: Arne Knudson <firstname.lastname@example.org> Subject: Re: Trading Links At 08:32 PM 11/19/96 -0600, you wrote: >| Every month we have about 500.000 visitors to our site. >| We are right now configuring the largest LinkSite=20 >| for adult pages on the Internet (>20.000 sites) > >| Scandinavian x-rated > >Is it me, or are mailing lists getting a hold of mailing lists? Such a >mailing list as the WWW HTML LIST is not a place for advertising, >specially that subject! It scares me to see that quite shortly this >may be all we get in the E-MAIL inbox... (and I though mailing lists >were free of the scum that otherwise bloat news groups) Should certian individuals be interested in bringing suit, you may do= so. Section 227 of the United States Code specifically states that individuals receiving an unsolicited advertisement on a fax machine may seek reparations of up to $500 or $1500 USD, depending on whether or not ther advertiser knew they were breaking the law. And the law specifically states that a fax machine is any equipment that can receive text or images over a phone line and then transcribe it to paper. Which means your computer at home, hooked up to a modem and printer, constitutes a fax machine.=20 United States citizens that received unsolicted e-mail advertisements over a modem may seek reparations from any company that advertises in such a manner. Below is the relevant portion of the code. Note that this is not a section covered in the "Internet Decency Act;" it has existed on the books for years to prevent unsolicited ads from being sent willy-nilly to fax machines. -Arne -- United States Code Title 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS Chapter 5 - WIRE OR RADIO COMMUNICATION Subchapter II - COMMON CARRIERS =A7 227. Restrictions on use of telephone equipment =20 * (a) Definitions As used in this section - [...] + (2) The term ''telephone facsimile machine'' means equipment which has the capacity (A) to transcribe text or images, or both, from paper into an electronic signal and to transmit that signal over a regular telephone line, or (B) to transcribe text or images (or both) from an electronic signal received over a regular telephone line onto paper. [...] + (4) The term ''unsolicited advertisement'' means any material advertising the commercial availability or quality of any property, goods, or services which is transmitted to any person without that person's prior express invitation or permission. [...] * (b) Restrictions on use of automated telephone equipment + (1) Prohibitions It shall be unlawful for any person within the United States=20 - =20 [...] o (C) to use any telephone facsimile machine, computer, or other device to send an unsolicited advertisement to a telephone facsimile machine; or [...] + (3) Private right of action A person or entity may, if otherwise permitted by the laws or rules of court of a State, bring in an appropriate court of that State - o (A) an action based on a violation of this subsection or the regulations prescribed under this subsection to enjoin such violation, o (B) an action to recover for actual monetary loss from such a violation, or to receive $500 in damages for each such violation, whichever is greater, or o (C) both such actions. If the court finds that the defendant willfully or knowingly violated this subsection or the regulations prescribed under this subsection, the court may, in its discretion, increase the amount of the award to an amount equal to not more =20 than 3 times the amount available under subparagraph (B) of this paragraph.