Internetworkers: http://www.ibiblio.org/internetworkers/

[Thomas Beckett <thomas AT tbeckett.com>]

        Well, I read the whole thread and I read the North Carolina statutes
and I'm sorry to say that I don't think it gives us the ability to sue
spammers.  The criminal statute

http://www.ncga.state.nc.us/Statutes/GeneralStatutes/HTML/ByArticle/Chapter_14/Article_60.html

pertains mainly to hacking -- breaking into computers & networks -- and
the only provision relating to UCE seems to only apply to using a mail
server to relay spam without authorization.  

       (6)  Falsely identify with the intent to deceive or
            defraud the recipient or forge commercial
            electronic mail transmission information or other
            routing information in any manner in connection
            with the transmission of unsolicited bulk
            commercial electronic mail through or into the
            computer network of an electronic mail service
            provider or its subscribers.

        The statute has a fairly decent set of definitions for email and spam,
but it doesn't go so far as to make UCE illegal.  Ideally, we could
persuade the NC Legislature to amend the law to include simple spam, and
then, hoo-boy! we could go to town.  We could add that to the
InterNetWorkers legislative agenda for 2002.  Shall we?  Anybody know
Eric Reeves?  

        Unfortunately, next year's legislative session is a "short session" 
and
is supposed to be limited to budgetary issues only.  So realistically,
we're looking at 2003.  

        The federal law relating to unsolicted commercial faxes and telephone
autodialers is also an ideal candidate for amendment to include spam. 
Anybody know David Price?  

        Now, let's suppose we have an effective anti-spam law in place?  What
could we do with it?  As Michael pointed out, it is pretty unlikely that
real spammers do not have the deep pockets to make such litigation, even
as a class action, pay for itself.  It would take an interest group that
wasn't in it for the money and that had the technical expertise
necessary to gather and present the evidence against spammers.  Now what
kind of organization could we find to that?  

        Another issue would be actually building the case.  How do you go from
individuals getting bunches of annoying spam to actually suing real
people in court as a class action?  Here's one scenario:  

- Techie organization decides to sue spammers, all the members want to
help.

- Volunteer techies build database to which members (and the public)
could submit the spam they've received (with full header information). 
Database sorts spam by individual messages, sponsors and apparent
senders.  

- Volunteer techies use automated and brute-force methods to identify
the sources of various spam messages, add to database.  IT detective
work further identifies ISPs, accounts or even individuals originating
the spam.  

- Techie group files suit against the individual spammers (and/or ISPs)
identified this way.  Lets ISPs off the hook if they hand over info on
the spammers, including mail server logs.  Litigators use discovery
techniques to obtain all of the recipients of all the spam that spammers
sent.  

- Techie group applies for class action status for themselves and all of
the recipients.  All of a sudden, $10/spam looks like real money.  

- Ongoing use of the database continually adds new spam & spammers to
the class action.  

- Of course, the spammers don't have real money (maybe a few of them
do).  Spammers would have to fork over some cash and consent to
injunctions prohibiting further spam before being released from the
lawsuit (or go to trial).  All of a sudden spamming is no longer
economically viable.  

        Sounds like fun, doesn't it?  Too bad we don't have a real anti-spam
law in this state.  

TaB

"Josep L. Guallar-Esteve" wrote:
> 
> Hi,
> 
> After reading a little, I have discovered that SPAM is iligal on North
> Carolina:
> 
> http://www.spamlaws.com/state/nc.html
> 
> What do you think? Anyone wants to sue those spammers?
> 
> Salut,
> Sinner
> --
> Josep Lluis Guallar-Esteve
> 
> ---
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