Exercise R Us

Question:

- Hide quoted text — Show quoted text – > In my mailbox this morning was another 16 of 18 pieces of spam. One > didn’t even have my name on it [did not open - only viewed in little > window of Eudora] but in the To: had the name of my DC friend’s > Mother!!!  I skimmed it to see why I was being sent her spam and found > this at the end which really ticked me off: >    The following statement is provided to be > in compliance with commercial email laws. >    If you do not wish to receive further > mailings, please click reply and enter > remove in the email subject line. >    This message is in full compliance with > U.S. Federal requirements for commercial > email under bill S.1618 Title lll, Section 301, > Paragraph (a)(2)(C) passed by the 105th U.S. > Congress and is not considered SPAM > since it includes a remove mechanism. > We are doomed…. > Duckie > — > Remove the duck to email me privately  (.)> > A duck’s quack does echo, and every one knows why. > http://people.ne.mediaone.net/maroldc/Weight/weight.html

S. 1618 did in fact pass in the Senate but never made it to the House floor, it died in confrence. It is not the law of the land. Even if it had I doubt that the letter was in full complience with the bill, as Paul pointed out. It is a bogus claim used to scare recipients from reporting it. JDShine

Response:

I have saved that one. Thanks Paul. Duckie — Remove the duck to email me privately  (.)> A duck’s quack does echo, and every one knows why. http://people.ne.mediaone.net/maroldc/Weight/weight.html – Hide quoted text — Show quoted text – > These fools usually put something like that in the bottom, figuring that

Response:

ROFLOL — picturing this 80 year old as a spammer. Thanks Trevor — I need that laugh Duckie — Remove the duck to email me privately  (.)> A duck’s quack does echo, and every one knows why. http://people.ne.mediaone.net/maroldc/Weight/weight.html – Hide quoted text — Show quoted text -> In my mailbox this morning was another 16 of 18 pieces of spam. One > didn’t even have my name on it [did not open - only viewed in little > window of Eudora] but in the To: had the name of my DC friend’s > Mother!!! > Possibly just coincidence. That’s all easily faked, and sometimes it > contains a real address just by chance. > Or she could be the spammer….

Response:

> In my mailbox this morning was another 16 of 18 pieces of spam. One > didn’t even have my name on it [did not open - only viewed in little > window of Eudora] but in the To: had the name of my DC friend’s > Mother!!!  

Possibly just coincidence. That’s all easily faked, and sometimes it contains a real address just by chance. Or she could be the spammer…. >I skimmed it to see why I was being sent her spam and found > this at the end which really ticked me off: >    This message is in full compliance with > U.S. Federal requirements for commercial > email under bill S.1618 Title lll, Section 301, > Paragraph (a)(2)(C) passed by the 105th U.S. > Congress and is not considered SPAM > since it includes a remove mechanism.

This is a complete load of bovine byproduct. There ain’t no such law. (How does a bill become law? Look it up.) > We are doomed….

Only if we eat the spam served to us. Learn to read headers, learn to track spammers, learn to complain. Remeber, spammers are stealing from *you*. The more people complain, the more spam will be stopped. trevor

Response:

These fools usually put something like that in the bottom, figuring that most people will not bother to read the WHOLE law. When you read below, you will see that they are still in violation, and that is one of the reasons that the decent ISP’s will help to put a stop to it. As an example, when or how often do these spammers give full address and phone numbers in the spam? Only a very few, yet it is required, not JUST a ‘remove’ line. – When they do and it is an 800# give ‘em a call and complain on THEIR nickel. What that bill actually says is:                                               S.1618                                Anti-slamming Amendments Act (Passed by the Senate) SEC. 301. REQUIREMENTS RELATING TO TRANSMISSIONS OF UNSOLICITED COMMERCIAL ELECTRONIC MAIL.     (a) INFORMATION TO BE INCLUDED IN TRANSMISSIONS-         (1) IN GENERAL- A person who transmits an unsolicited commercial electronic mail message shall cause to appear in each such electronic mail message the information specified in paragraph (2).         (2) COVERED INFORMATION- The following information shall appear at the beginning of the body of an unsolicited commercial electronic mail message under paragraph (1):             (A) The name, physical address, electronic mail address, and telephone number of the person who initiates transmission of the message.             (B) The name, physical address, electronic mail address, and telephone number of the person who created the content of the message, if different from the information under subparagraph (A).             (C) A statement that further transmissions of unsolicited commercial electronic mail to the recipient by the person who initiates transmission of the message may be stopped at no cost to the recipient by sending a reply to the originating electronic mail address with the word remove’ in the subject line.     (b) ROUTING INFORMATION- All Internet routing information contained within or accompanying an electronic mail message described in subsection (a) must be accurate, valid according to the prevailing standards for Internet protocols, and accurately reflect message routing.     (c) EFFECTIVE DATE- The requirements in this section shall take effect 30 days after the date of enactment of this Act. SEC. 302. FEDERAL OVERSIGHT OF UNSOLICITED COMMERCIAL ELECTRONIC MAIL.     (a) TRANSMISSIONS-         (1) IN GENERAL- Upon notice from a person of the person’s receipt of electronic mail in violation of a provision of section 301 or 305, the Commission–             (A) may conduct an investigation to determine whether or not the electronic mail was transmitted in violation of such provision; and             (B) if the Commission determines that the electronic mail was transmitted in violation of such provision, may–                 (i) impose upon the person initiating the transmission a civil fine in an amount not to exceed $15,000;                 (ii) commence in a district court of the United States a civil action to recover a civil penalty in an amount not to exceed $15,000 against the person initiating the transmission;                 (iii) commence an action in a district court of the United States a civil action to seek injunctive relief; or                 (iv) proceed under any combination of the authorities set forth in clauses (i), (ii), and (iii).         (2) DEADLINE- The Commission may not take action under paragraph (1)(B) with respect to a transmission of electronic mail more than 2 years after the date of the transmission.     (b) ADMINISTRATION-         (1) NOTICE BY ELECTRONIC MEANS- The Commission shall establish an Internet web site with an electronic mail address for the receipt of notices under subsection (a).         (2) INFORMATION ON ENFORCEMENT- The Commission shall make available through the Internet web site established under paragraph (1) information on the actions taken by the Commission under subsection (a)(1)(B).         (3) ASSISTANCE OF OTHER FEDERAL AGENCIES- Other Federal agencies may assist the Commission in carrying out its duties under this section. SEC. 303. ACTIONS BY STATES.     (a) IN GENERAL- Whenever the attorney general of a State has reason to believe that the interests of the residents of the State have been or are being threatened or adversely affected because any person is engaging in a pattern or practice of the transmission of electronic mail in violation of a provision of section 301 or 305, the State, as parens patriae, may bring a civil action on behalf of its residents to enjoin such transmission, to enforce compliance with such provision, to obtain damages or other compensation on behalf of its residents, or to obtain such further and other relief as the court considers appropriate.     (b) NOTICE TO COMMISSION-         (1) NOTICE- The State shall serve prior written notice of any civil action under this section on the Commission and provide the Commission with a copy of its complaint, except that if it is not feasible for the State to provide such prior notice, the State shall serve written notice immediately on instituting such action.         (2) RIGHTS OF COMMISSION- On receiving a notice with respect to a civil action under paragraph (1), the Commission shall have the right–             (A) to intervene in the action;             (B) upon so intervening, to be heard in all matters arising therein; and             (C) to file petitions for appeal.     (c) ACTIONS BY COMMISSION- Whenever a civil action has been instituted by or on behalf of the Commission for violation of a provision of section 301 or 305, no State may, during the pendency of such action, institute a civil action under this section against any defendant named in the complaint in such action for violation of any provision as alleged in the complaint.     (d) CONSTRUCTION- For purposes of bringing a civil action under subsection (a), nothing in this  section shall prevent an attorney general from exercising the powers conferred on the attorney general by the laws of the State concerned to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary or other evidence.     (e) VENUE; SERVICE OF PROCESS- Any civil action brought under subsection (a) in a district court of  the United States may be brought in the district in which the defendant is found, is an inhabitant, or transacts business or wherever venue is proper under section 1391 of title 28, United States Code. Process in such an action may be served in any district in which the defendant is an inhabitant or in which the defendant may be found.     (f) ACTIONS BY OTHER STATE OFFICIALS- Nothing in this section may be construed to prohibit an authorized State official from proceeding in State court on the basis of an alleged violation of any civil or criminal statute of the State concerned.     (g) DEFINITIONS- In this section:         (1) ATTORNEY GENERAL- The term `attorney general’ means the chief legal officer of a State.         (2) STATE- The term `State’ means any State of the United States, the District of Columbia, Puerto Rico, Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, the Republic of Palau, and any possession of the United States. SEC. 304. INTERACTIVE COMPUTER SERVICE PROVIDERS.     (a) EXEMPTION FOR CERTAIN TRANSMISSIONS-         (1) EXEMPTION- Section 301 or 305 shall not apply to a transmission of electronic mail by an interactive computer service provider unless–             (A) the provider initiates the transmission; or             (B) the transmission is not made to its own customers.         (2) CONSTRUCTION- Nothing in this subsection may be construed to require an interactive computer service provider to transmit or otherwise deliver any electronic mail message.     (b) ACTIONS BY INTERACTIVE COMPUTER SERVICE PROVIDERS-         (1) IN GENERAL- In addition to any other remedies available under any other provision of law, any interactive computer service provider adversely affected by a violation of a provision of section 301 or 305 may, within 1 year after discovery of the violation, bring a civil action in a district court of the United States against a person who violates such provision. Such an action may be brought to enjoin the violation, to enforce compliance with such provision, to obtain damages, or to obtain such further and other relief as the court considers appropriate.         (2) DAMAGES-             (A) IN GENERAL- The amount of damages in an action under this subsection for a violation specified in paragraph (1) may not exceed $15,000 per violation.             (B) RELATIONSHIP TO OTHER DAMAGES- Damages awarded for a violation under this subsection are in addition to any other damages awardable for the violation under any other provision of law.             (C) COST AND FEES- The court may, in issuing any final order in any action brought under paragraph (1), award costs of suit, reasonable costs of obtaining service of process, reasonable attorney fees, and expert witness fees for the prevailing party.         (3) VENUE; SERVICE OF PROCESS- Any civil action brought under paragraph (1) in a district court of the United States may be brought in the district in which the defendant or in which the interactive computer service provider is located, is an inhabitant, or transacts business or wherever venue is proper under section 1391 of title 28, United States Code. Process in such an action may be served in any district in which the defendant is an inhabitant or in which the defendant may be found.     (c) INTERACTIVE COMPUTER SERVICE PROVIDER DEFINED- In this section, the term `interactive computer service provider’ has the meaning given the term `interactive computer service’ in section … read more »

Response:

In my mailbox this morning was another 16 of 18 pieces of spam. One didn’t even have my name on it [did not open - only viewed in little window of Eudora] but in the To: had the name of my DC friend’s Mother!!!  I skimmed it to see why I was being sent her spam and found this at the end which really ticked me off:    The following statement is provided to be in compliance with commercial email laws.    If you do not wish to receive further mailings, please click reply and enter remove in the email subject line.    This message is in full compliance with U.S. Federal requirements for commercial email under bill S.1618 Title lll, Section 301, Paragraph (a)(2)(C) passed by the 105th U.S. Congress and is not considered SPAM since it includes a remove mechanism. We are doomed…. Duckie — Remove the duck to email me privately  (.)> A duck’s quack does echo, and every one knows why. http://people.ne.mediaone.net/maroldc/Weight/weight.html

Response: