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

["Michael D. Thomas" <mdthomas AT mindspring.com>]

> 
> -In what context or for what reason might one sue?
> -Does a law have to explicitly state that a private right of action
> exists?


The private right of action gives guidance to the courts as to how to
deal with suits against spammers.

I'm a little fuzzy on the second question. I think you can always sue,
but having the private right of action in the statute is very helpful.
Below is the private right of action from HR 95 from a couple of years
ago. This gives courts a clear mandate to give a really bad spammer a
bill for $150,000.

--- HR 95 excerpt ---

"(b) PRIVATE RIGHT OF ACTION- 

(1) ACTIONS AUTHORIZED- A recipient or a provider of Internet access
service may, if otherwise permitted by the laws or rules of court of a
State, bring in an appropriate court of that State, or may bring in an
appropriate Federal court if such laws or rules do not so permit, either
or both of the following actions: 

(A) An action based on a violation of section 5 to enjoin such
violation. 

(B) An action to recover for actual monetary loss from such a violation
in an amount equal to the greatest of-- 

(i) the amount of such actual monetary loss; or 

(ii) $500 for each such violation, not to exceed a total of $50,000. 

(2) ADDITIONAL REMEDIES- If the court finds that the defendant
willfully, knowingly, or repeatedly violated section 5, the court may,
in its discretion, increase the amount of the award to an amount equal
to not more than three times the amount available under paragraph (1)."