Re: Trading Links

Arne Knudson (ack@ebt.com)
Wed, 20 Nov 1996 13:18:01 -0500


Date: Wed, 20 Nov 1996 13:18:01 -0500
Message-Id: <199611201818.NAA21970@ebt-inc.ebt.com>
To: www-html@w3.org
From: Arne Knudson <ack@ebt.com>
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.