guyver01
Lifer
Now that S.877 (CAN-SPAM Act of 2003) has gone into effect, how will governments, law enforcement, etc begin to go after spammers and such?
The Act does not allow e-mail recipients to sue spammers -- only the FTC, State Attorneys General, and Internet Service Providers. However, statutory damages can be stiff. A State Attorney General can sue for $250 per illegal e-mail message up to a maximum of $2 million -- more if the offense includes certain aggravating violations (Sec. 7(f)). Internet Service Providers can sue in federal district court for $100 per illegal e-mail message up to a maximum of $1 million or more (Sec. 7(g)(3)).
So far, ISP's and spam filtering companies report the controversial Can Spam Act of 2003 has resulted in no reduction in spam. Organizations indicate there's been few if any heavy spammers that are adhering to even a portion of the law.
Even the WASHINGTON POST is reporting the same thing.
§4(a)(1)1 defines the following acts relating to commercial email as crimes:
(1) Gaining unauthorized access to a computer and sending spam2 from it;
(2) Re-transmitting spam with the intent to mislead others about its origin;
(3) Sending spam containing materially falsified header information3;
(4) Registering for five or more email accounts or two or more domain names under a false identity, and sending spam from any combination of those accounts or domain names; and
(5) Sending spam from five or more Internet protocol addresses that the sender falsely claims to own.
§4(a)(1) provides for the following penalties:
(1) A fine, up to five years in prison, or both, if the crime was committed:
(A) In furtherance of another felony; or
(B) By a person previously convicted of sending spam or of one of the computer crimes defined by 18 U.S.C. §1030.
(2) A fine, up to three years in prison, or both, for a crime involving any of the following circumstances:
(A) Gaining unauthorized access to a computer and sending spam from it;
(B) Registering 20 or more email accounts or 10 or more domain names under a false identity, and sending spam from any combination of those accounts or domain names;
(C) Sending more than 2,500 emails a day, more than 25,000 a month, or more than 250,000 a year;
(D) Causing $5,000 or more in losses to others, during a one year period, as a result of the crime;
(E) Obtaining $5,000 or more in value, during a one-year period, as a result of the crime; or
(F) Acting as the leader or organizer of three or more other offenders.
(3) In all other cases, a fine, up to a year in prison, or both.
The Act does not allow e-mail recipients to sue spammers -- only the FTC, State Attorneys General, and Internet Service Providers. However, statutory damages can be stiff. A State Attorney General can sue for $250 per illegal e-mail message up to a maximum of $2 million -- more if the offense includes certain aggravating violations (Sec. 7(f)). Internet Service Providers can sue in federal district court for $100 per illegal e-mail message up to a maximum of $1 million or more (Sec. 7(g)(3)).
So far, ISP's and spam filtering companies report the controversial Can Spam Act of 2003 has resulted in no reduction in spam. Organizations indicate there's been few if any heavy spammers that are adhering to even a portion of the law.
Even the WASHINGTON POST is reporting the same thing.
§4(a)(1)1 defines the following acts relating to commercial email as crimes:
(1) Gaining unauthorized access to a computer and sending spam2 from it;
(2) Re-transmitting spam with the intent to mislead others about its origin;
(3) Sending spam containing materially falsified header information3;
(4) Registering for five or more email accounts or two or more domain names under a false identity, and sending spam from any combination of those accounts or domain names; and
(5) Sending spam from five or more Internet protocol addresses that the sender falsely claims to own.
§4(a)(1) provides for the following penalties:
(1) A fine, up to five years in prison, or both, if the crime was committed:
(A) In furtherance of another felony; or
(B) By a person previously convicted of sending spam or of one of the computer crimes defined by 18 U.S.C. §1030.
(2) A fine, up to three years in prison, or both, for a crime involving any of the following circumstances:
(A) Gaining unauthorized access to a computer and sending spam from it;
(B) Registering 20 or more email accounts or 10 or more domain names under a false identity, and sending spam from any combination of those accounts or domain names;
(C) Sending more than 2,500 emails a day, more than 25,000 a month, or more than 250,000 a year;
(D) Causing $5,000 or more in losses to others, during a one year period, as a result of the crime;
(E) Obtaining $5,000 or more in value, during a one-year period, as a result of the crime; or
(F) Acting as the leader or organizer of three or more other offenders.
(3) In all other cases, a fine, up to a year in prison, or both.
