[Asterisk-biz] DIDX.org emails

[stotaro]

"Opt-out" requests now have a time limit: The law requires that you remove
patrons from your list within 10 days.




On Thu, 2005-11-17 at 12:23 -0800, Jeremy McNamara wrote:

> Hermann Wecke wrote:

>

> > Don't threaten if you don't want to persue the case. Will look like a

> > fool - or a kid.

>

>

>

> Sometimes all it takes is the threat, but yes you should be ready to

> take action if you threaten.

Technically speaking threatening legal action is extortion. Why lawyers

and collection agencies are very clever in saying 'It is our legal right

to bring a suit' rather than 'we are gonna sue you'. They imply they

will sue but never flat out say it.

In US v Enmons however the supreme court ruled that to some point these

types of threats are legal, there is a burden of proof that is required

on the part of the one making the threat to show they didnt violate an

extortion statute, and that case was limited to the federal extortion

statute, most states dont have such a provision.

There are alternatives. The CAN-SPAM act states that if someone

requests to be unsubscribed that must be honored. Further 18 USC

1030(g) allows for civil suits for any violation of 1030. 1030(a)(5)

states that accessing a computer without authorization or exceeding

authorized access is a crime. The request to be removed is putting the

other party on notice that they are no longer authorized to access that

network resource. There are a few other elements in 1030 that must be

met, however post patriot act its WAY easier to be guilty of it. And

with 1030 it can go either criminal (only the US Attys office can being

felony charges on the federal level) or civil (1030(g) specifically lets

any person file for a civil case if a violation occurs). AOL has used

1030(g) to go after spammers as have a few other larger companies. The

same logic can be applied to this situation. In the AOL case it was

also found that a violation of the terms of service constitutes

exceeding authorized access, one of the 3 infringing acts in 1030(a)(5).