davidboring Posted November 11, 2004 Share Posted November 11, 2004 SomeoneI reported to SpamCop is threatening legal action. He says I falsely accused him of being in violation of the CAN-spam Act of 2003. Of course, the email sent to his ISP was auto-generated by SpamCop. To the best of my knowledge, nowhere does this email mention the CAN-spam Act. Is this correct? Thanks. Link to comment Share on other sites More sharing options...
turetzsr Posted November 11, 2004 Share Posted November 11, 2004 ...IIUC, clicking the "Preview Reports" button (it's next to the "Send spam Report(s) Now" button) will show you what SpamCop sends. ...CAN-spam is irrelevant. You are reporting spam, not violations of the CAN-spam act. IIUC, the threatened legal action is doomed to fail because reporting spam is not against any law -- see 47 USC 230. Link to comment Share on other sites More sharing options...
Jeff G. Posted November 11, 2004 Share Posted November 11, 2004 More specifically, reporting spam (making available to information content providers or others the technical means to restrict access to or availability of objectionable material by identifying said material) is specifically legal in the USA -- see 47 USC 230 Subsection c_2_B, which can also be represented as follows: 47 USC 230 (c)(2)(B) Link to comment Share on other sites More sharing options...
Merlyn Posted November 11, 2004 Share Posted November 11, 2004 That "cartooney" falls under ..... Rule #1: Spammers lie. Lexical Contradiction: Spammers will redefine any term in order to disguise their abuse of Internet resources. Sharp's Corollary: Spammers attempt to re-define "spamming" as that which they do not do. Rule #3: Spammers are stupid Spammer's Standard of Discourse: Threats and intimidation trump facts and logic.He cannot sue you and you have every right to report his spam. Link to comment Share on other sites More sharing options...
Merlyn Posted November 11, 2004 Share Posted November 11, 2004 Mind telling us who this was? His site maybe? IP Address? Anything? Link to comment Share on other sites More sharing options...
davidboring Posted November 11, 2004 Author Share Posted November 11, 2004 Mind telling us who this was? His site maybe? IP Address? Anything? 20036[/snapback] First, thanks for the responses. I'd rather not disclose who the individual is until I get a better sense of what's going to happen. He has sent a letter to my employer asking them to disclose my identity so that he can pursue legal action against me specifically, and not my employer. I'm meeting with a lawyer from my employer next week to see how we are going to respond. He has no leg to stand on, of course. But that may not stop him from suing. I'll keep you all up to date, though. Link to comment Share on other sites More sharing options...
Merlyn Posted November 11, 2004 Share Posted November 11, 2004 You should post this info in NANAE also. Keep us posted. Link to comment Share on other sites More sharing options...
Jeff G. Posted November 11, 2004 Share Posted November 11, 2004 Yes, you are correct. Nowhere does any emailed spam complaint processed by the SpamCop Parser mention the CAN-spam Act, unless such mention is inserted by the Reporter in the "Additional notes" section before pressing the "Send spam Report(s) Now" Button. Link to comment Share on other sites More sharing options...
agsteele Posted November 11, 2004 Share Posted November 11, 2004 Sounds like someone got burned and is trying to take you with them. Sounds like your employer has a sympathetic view - I wish you well. Andrew Link to comment Share on other sites More sharing options...
Merlyn Posted November 11, 2004 Share Posted November 11, 2004 IANAL but MHO - If he sent a letter then your employer should just disregard it. If it was an email then drop his IP into your blocklist. Let him hire a lawyer. I doubt he could. Don't let pondscum like this intimidate you. CAN-spam has nothing to do with this. Good luck. Link to comment Share on other sites More sharing options...
loafman Posted November 11, 2004 Share Posted November 11, 2004 First, thanks for the responses. I'd rather not disclose who the individual is until I get a better sense of what's going to happen. He has sent a letter to my employer asking them to disclose my identity so that he can pursue legal action against me specifically, and not my employer. I'm meeting with a lawyer from my employer next week to see how we are going to respond. He has no leg to stand on, of course. But that may not stop him from suing. I'll keep you all up to date, though. Why do you guys get all the luck? I report and report and report and they just ignore me. I'd love to hear from them that way. It'd be fun to whip his ass in court then have gloating rights forever. The countersuit would be awesome. We'd have him in debt forever. Maybe my day will come. I need more money so I can retire. Hope your employer is as supportive as mine would be. Good Luck! Link to comment Share on other sites More sharing options...
WB8TYW Posted November 12, 2004 Share Posted November 12, 2004 First, thanks for the responses. I'd rather not disclose who the individual is until I get a better sense of what's going to happen. He has sent a letter to my employer asking them to disclose my identity so that he can pursue legal action against me specifically, and not my employer. I'm meeting with a lawyer from my employer next week to see how we are going to respond. He has no leg to stand on, of course. But that may not stop him from suing. I'll keep you all up to date, though. 20040[/snapback] Find out from your lawyer if the actions being taken to harrass you and your employer are against the law. It could also be interesting if you can find an obvious violation of the CAN-spam law in the spam that was sent. The law prohibits a lot of practices, including harvesting e-mail addresses from the internet, and requires specific contact information and removal information in the body.. It also requires that there be no misleading information in the routing, subject, or sending e-mail address. I suspect that once they find out that you have a real lawyer, they will dissapear. Has the local blocking list for the e-mail server been updated with the appropriate range with a response text approved by your lawyer? -John Link to comment Share on other sites More sharing options...
davidboring Posted November 16, 2004 Author Share Posted November 16, 2004 Well, I had the meeting. Most of the time was spent explaining email and other technical issues to a non-technically oriented lawyer, who was doing their best to help. I was advised not to disclose the identity of the spammer here, because he or she could search the message forums and use the message as evidence of a personal vendetta or the like (which is, again, nonesense). It looks like the spammer will not be getting my identity, and even if he or she does, they will not be able to sue me directly. I'll try to keep you up to date on what happens next. Our laywer did go to spamcop.net, but was bewildered, and wanted to know if there was somebody at Spamcop to talk to on the phone to get a better idea of how it works. Perhaps it might be useful to have a link somewhere, like, "SpamCop for Lawyers." Or maybe not. Link to comment Share on other sites More sharing options...
turetzsr Posted November 16, 2004 Share Posted November 16, 2004 ...Perhaps these that I found by clicing the link labeled "Policies and Disclaimers" at the bottom of the SpamCop home page, http://www.spamcop.net/: Privacy Policy What is the SpamCop Blocking List (SCBL)? Getting Started with SpamCop (includes a brief discussion of the "CAN-spam" Act. ...Clicking the link labeled "Site Map" in the upper-right part of the home page, there is a link labeled "Who is SpamCop?" that explains that "SpamCop is a wholly-owned subsidiary of IronPort Systems, Inc." The IronPort web site has an "About" link and the "About" page has a "Contact" link. ...Hope some of this helps! Link to comment Share on other sites More sharing options...
michaelanglo Posted November 17, 2004 Share Posted November 17, 2004 Well, I had the meeting. Most of the time was spent explaining email and other [...] Our laywer did go to spamcop.net, but was bewildered, and wanted to know if there was somebody at Spamcop to talk to on the phone to get a better idea of how it works. Perhaps it might be useful to have a link somewhere, like, "SpamCop for Lawyers." Or maybe not. 20213[/snapback] Well some extra good may have come out of the recently settled lawsuit Optinrealbig v Ironport and Spamcop. For a start on "SpamCop for Lawyers" http://lawsuite.word-to-the-wise.com/ Go to "The Filings" and scroll down a bit to 2004-06-25 then to SBA PI Denied either click on html or download the pdf (20 page judgment saying "no injunction to stop spamcop doing what it does"). This explains what spamcop does looked at in lawyer's terms, everything stated is true but computer folk don't think of it that way. Feedback from your (or any) lawyer would be helpful. Link to comment Share on other sites More sharing options...
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