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Archive-name: net-abuse-faq/email-abuse
Posting-frequency: weekly
Last-modified: June 25, 1998
Version: 2.02
URL: http://members.aol.com/emailfaq/emailfaq.html
FTP: ftp://members.aol.com/emailfaq/emailfaq.txt
Copyright: (c) 1996-1998 WD Baseley
Maintainer: [email protected] (WD Baseley)
Email Abuse FAQ
Version 2.02 changes: URL and legal information updates.
As of version 2.0, the Appendix is a separate document.
See the "Email Abuse Resource List" at
<http://members.aol.com/emailfaq/resource-list.html>
DISCLAIMER:
This document reflects the opinions of the author. This
document and its author are not associated with AOL in any
official capacity whatever. This document is provided
"as is" without any express or implied warranties. While every
effort has been taken to ensure the accuracy of the information
contained in this article, the author/maintainer/contributors
assume(s) no reponsibility for errors or omissions, or for damages
resulting from the use of the information contained herein.
------------------------------
Subject: 1. Table of Contents
1. Table of Contents
2. Basics
2a. Who is responsible for this FAQ?
2b. What is the purpose of this FAQ?
2c. When was this FAQ last updated?
2d. Where can I get it?
2e. Credits & Contributors
3. Definitions
3a. When is it email, and when is it email abuse?
3b. What is 'unsolicited email'?
3c. What is 'bulk email'?
3d. What is 'commercial email'?
3e. UBE, UCE, MMF, MLM... What do they all mean?
3f. What is a mailbomb?
3g. What is email harassment?
4. Actions
4a. I've been mailbombed - what should I do?
4b. I've received U*E in my mailbox - who do I exterminate?
4c. I've received U*E in my mailbox - what should I do?
4d. Where do these people get my email address?
4e. How do I keep my address off the lists?
4f. I did all that and I still get U*E!
4g. I asked to be 'removed' - guess what? I got another U*E
4h. I asked to be 'removed' - guess what? The message bounced
4i. What about 'Remove Me' web sites and other global 'Remove' Lists?
4j. List of Basic Administrative Contacts
4k. I've contacted everyone involved - heard nothing back!
4l. I've contacted everyone involved - they told me to go away!
4m. They told me they cancelled the account, but I got another U*E!
4n. I sent a complaint - they said they had nothing to do with it!
4o. I sent a complaint - they they responded with threats!
4p. I never want to see another message from UBEs-Our-Biz.com again!
5. Etcetera
5a. Who cares about this stuff? Just delete it
5b. There ought to be a law!
5c. I *like* getting U*E!
5d. I'm seeing a lot of ads in my favorite newsgroup - help!
End of eMail Abuse FAQ
------------------------------
Subject: 2. Basics
2a. Who is responsible for this FAQ?
WD Baseley. Use [email protected] to contact the author about this
document.
NOTE: This document and its author are not associtated with AOL
in any official capacity whatever.
Much of this information has been gleaned from AUP's, posts, and
suggestions from others. The author, while attempting to be as
accurate as possible, cannot vouch for the veracity of everything in
this document. Please feel free to contact the author with
corrections and suggested additions.
2b. What is the purpose of this FAQ?
This FAQ is about abuse *of* email, such as mailbombs, unsolicited
commercial email and unsolicited bulk email. It is not about abuse
*using* email, such as harassment or other forms of abuse carried on
using e-mail or other forms of electronic communication. It should
be regarded as a work-in-progress; contact the current maintainer
of this FAQ for an up-to-date copy.
2c. When was this FAQ last updated?
June 25, 1998
2d. Where can I get it?
This FAQ will be posted to news.admin.net-abuse.email, news.answers,
and other newsgroups, once per week.
The latest version is always available at:
<http://members.aol.com/emailfaq/emailfaq.html>
<ftp://members.aol.com/emailfaq/emailfaq.txt>
2e. Credits & Contributors
The Gentleman, the writers and maintainers of the Net Abuse FAQ,
Arthur Wouk, Deon Ramsey, Denis McKeon, lucifer, Myles Williams,
Rahul Dhesi, Johann E. Beda, Barry Twycross, Julian Byrne, Liz Knuth,
Zoli Fekete, John Nagle, various and sundry folk who have discussed,
harangued, badgered, cajoled and otherwise assisted in coming to a
consensus regarding various points, and countless others whom the
author has doubtless forgotten to mention.
------------------------------
Subject: 3. Definitions
3a. When is it email, and when is it email abuse?
Email is a tremendously powerful communications tool, used by
millions of people in thousands of positive ways. Unfortunately,
such a powerful tool has the potential to be used in other, less
productive, ways.
Someone sending email incurs no incremental cost; sending one message
costs about the same as sending 100 messages. Some folks use this
feature of email to send messages to thousands, even millions, of
people at once. These are usually advertisements, sometimes sermons
on the sender's favorite topic, sometimes pleas for financial
assistance or scams intended to defraud the unwitting. Almost all of
these messages go to people who did not ask to receive them. Also,
some people use email in denial-of-service attacks, using various
methods to flood someone's emailbox with so many messages that their
email becomes unusable. These are examples of abuse -of- the email
system.
Also, it is possible to impersonate, threaten, disparage, or
otherwise harass someone via email. These are examples of abuse
-on- the email system, and are not the subject of this FAQ.
Notable exceptions to bulk email abuse are legitimate mailing lists,
where people subscribe to receive messages pertaining to a
particular subject. These lists can be large, and they can account
for large numbers of messages being sent, but they are in no way
abuse of the email system. Quite the opposite, in fact - they are a
perfect example of the productive power of email.
3b. What is 'unsolicited email'?
Unsolicited email is any email message received where the recipient
did not specifically ask to receive it.
Taken by itself, unsolicited email does not constitute abuse; not
all unsolicited email is also undesired email. For example,
receiving 'unsolicited' email from a long-lost friend or relative is
certainly not abuse. The reason that it is defined separately is
that email abuse takes several forms, all of which begin with the
fact that the email received is unsolicited.
NOTE: Usenet convention holds that, by posting to a newsgroup, one is
tacitly soliciting individual, *topical* replies via email.
The following are examples of soliciting email:
- posting to Usenet or saying in a chat group:
"please send me e-mail about foobars"
- sending email to an advertised auto-reply address:
"for more information, send email to [email protected]"
- filling out a web form which explicitly mentions email:
"fill this out to get email about foo"
"fill this out to get on the mailing list about foo"
"check this box to get on the foo mailing list"
The following acts DO NOT, by themselves, constitute 'soliciting'
email:
- just posting a message to a Usenet newsgroup or any
other public forum (although individual, *topical*
replies to Usenet posts are have long-standing
status as normal Usenet practice)
- chatting in IRC or other chat groups
- simply visiting a web site
- filling out a survey form at a Web site
*that does not explicitly say it is for mailings*
- putting one's email address on any other form,
such as product registrations or magazine
subscriptions
- posting one's email address on a web page (web page
authors should clearly specify the reason an email
address appears on the page)
- entering into a business relationship or conducting a
business transaction; for example, purchasing a product
or service from a company, or downloading a free trial
version of a software product from a web site.
3c. What is 'bulk email'?
Bulk email is any group of messages sent via email, with
substantially identical content, to a large number of addresses at
once. Many ISPs specify a threshold for bulk email:
----- 25 or more recipients within a 24-hour period -----
Once again, taken by itself, bulk email is not necessarily abuse of
the email system. For example, there are legitimate mailing lists,
some with hundreds or thousands of willing recipients.
3d. What is 'commercial email'?
Commercial email is any email message sent for the purposes of
distributing information about a for-profit institution, soliciting
purchase of products or services, or soliciting any transfer of
funds. It also includes commercial activities by not-for-profit
institutions.
3e. UBE, UCE, MMF, MLM... What do they all mean?
First, a short lesson on the term 'SPAM'. Spam describes a
particular kind of Usenet posting (and canned spiced ham),
but is now often used to describe many kinds of inappropriate
activities, including some email-related events. It is technically
incorrect to use 'spam' to describe email abuse, although attempting
to correct the practice would amount to tilting at windmills. For
more on the history of the term, look for '2.4) Where did the term
'Spam' come from?' in
<http://www.cybernothing.org/faqs/net-abuse-faq.html>
UBE: Unsolicited Bulk Email
Email with substantially identical content sent to many recipients
who did not ask to receive it. Almost all UBE is also UCE
(see next).
UBE is undoubtedly the single largest form of email abuse today.
There are automated email sending programs that can send millions of
messages a day; the bandwidth, storage space, and time consumed by
such massive mailing is incredible. One month's worth of mailings
from one of the most nefarious bulk email outfits was estimated at
over 134 gigabytes, yes that's right, gigabytes. Each message was
sent over the email wires, consuming bandwidth. Then, each message
was either stored locally or 'bounced' back to the sender, taking up
storage space and even more bandwidth. Finally, each boxholder was
forced to spend time dealing with the message.
These are all legitimate, measurable costs, and they are not borne
by the sender of the messages. UBE is, at best, exploitation of
email for profit; at worst, theft. There are currently few
regulations regarding UBE; the potential for growth is open-ended.
All by itself, UBE could render the email system virtually useless
for legitimate messages.
Some would argue that there is such a thing as 'responsible' UBE;
those who honor 'remove' requests and use the lists on 'Remove Me' or
'No Spam' web sites would fit their description of 'responsible'.
However, due to the types of messages contained in most UBE, and the
historic lack of responsibility on the part of the sending
organizations, UBE and UCE have earned a reputation as tawdry, widely
unpopular methods of disseminating information.
UCE: Unsolicited Commercial Email
Email containing commercial information that has been sent to a
recipient who did not ask to receive it.
This is widely used, and confused with UBE, (see above). UCE
must be commercial in nature but does not imply massive numbers.
Several ISPs specify a threshold for unsolicited commercial email:
----- sending one UCE is a violation -----
In a specific case, individuals took offense at having been sent
commercial messages regarding their web sites. Their addresses were
posted for the purpose of comments and suggestions about the site;
the messages received were commercial offerings to buy ad space on
the site or sell something to the site maintainer.
MMF: Make Money Fast
Messages that 'guarantee immediate, incredible profits!', including
such schemes as chain letters.
Originally a problem in "snailmail" and on Usenet, these messages
are now expanding into email. Chain letters and most MMF schemes
are illegal, regardless of any claims they might make to the
contrary. They should be reported to the proper authorities. Also,
chain letters and MMFs don't work! No one sends the 5 dollars, and
claims of unlimited wealth made by people who then ask -you- for money
should be taken with a large grain of salt. Many chain letters and
MMFs are sent by clueless college freshmen - a note to the
administrator of their system is often sufficient to
cure them. For the more serious offenders, the US Post Office,
Inspection Service - Consumer Fraud Division, *loves* to hear about
chain letters! Send any sightings to [email protected], and
see their web page at
<http://www.usps.gov/websites/depart/inspect/consmenu.htm>
MLM: Multi-Level Marketing
Messages that 'guarantee incredible profits!', right after you
send them an "initial investment" and recruit others.
Some of the MMF senders will say, "This isn't one of those illegal
get-rich-quick schemes. No, this is multi-level marketing, and
perfectly legal." However, many MLM schemes are little more than
illegal pyramid schemes with a fancy name to confuse the unwitting.
Particularly popular recently are "Work at Home!" schemes. Whether
or not the offer is legal is not important to this FAQ; MLM is
commercial email, so go ahead and complain.
3f. What is a mailbomb?
Delivery of enough email to a mailbox to overload the mailbox or
perhaps even the system that the mailbox is hosted on.
Mailbombs generally take one of two forms. A mailbox might be
targeted to receive hundreds or thousands of messages; this makes it
difficult or impossible for the victim to use their own mailbox,
possibly subjects them to additional charges for storage space, and
might cause them to miss messages entirely due to overflow. This is
seen as a denial-of-service attack, perhaps also harassment, and is
not tolerated by any known service providers. Alternatively, a
message will be bulk-emailed, with the intended victim's address
forged in the From: and/or Reply-To: lines of the headers. The
victim is then deluged with responses, mostly angry.
There is a third, particularly nasty, form of mailbomb. This one
forges subscription requests to many mailing lists, all for one recipient.
The result is a huge barrage of email arriving in the victim's email box,
all of it unwanted, but "legitimate". Many mailing list administrators are
countering this form of abuse by sending a confirmation email to each
subscription request, which must be returned in order to be subscribed to
the list.
3g. What is email harassment?
Any message or series of messages sent via email that meet the legal
definition of harassment.
------------------------------
Subject: 4. Actions
4a. I've been mailbombed - what should I do?
Contact your ISP immediately. They can help stop the inflow, and
also help track down the source of the mailbomb.
4b. I've received U*E in my mailbox - who do I exterminate?
By responding in some kind of abusive fashion, you lower yourself to
the level of the person who sent you the offending message. You
might also lose Net access through your ISP. There are other ways
to fight back; read on.
4c. I've received U*E in my mailbox - what should I do?
You could: ask the sender not to send you any more; complain to
the appropriate people; just ignore it and delete it.
Ask to be 'removed' from their list:
Some U*E contains instructions for how to be 'removed' from the
sender's mailing list. Usually this amounts to sending a
specifically formatted message to a particular address. While this
is a relatively trivial task, it is not particularly effective; see
the sections "4g. I asked to be 'removed' - guess what? I got another
U*E", and, "4h. I asked to be 'removed' - guess what? The message
bounced", later in this FAQ, for more on why this method is less
than perfect.
Complain to the appropriate people:
If you send a complaint, be polite, or at least civil. Most times
the person receiving your complaint is *not* responsible for the
U*E; if you expect their help, a little honey goes a long way. Be
sure to include full headers when sending a complaint.
Decipher the headers and complain to [email protected].
Several sources on header-ography can be found in Appendix I of
this FAQ. Some service providers also have abuse addresses; i.e.,
[email protected]. If you are on AOL, or another service
which engages in filtering, forward to the appropriate address on
your system so that they can see where new sources of UBE are, and
possibly add them to the list. For AOL, forward them to postmaster
and abuse.
If you are so inclined, you can do a bit more detective work and
possibly find more victi--- umm, legitimate recipients for your
complaint. If the message originated in the US, using whois, or a
visit to InterNIC at
<http://www.internic.net/cgi-bin/whois>
or its European counterpart at
<http://www.ripe.net>
might turn up a few more addresses. Traceroute or a similar tool
(tracert from the DOS prompt in Win95) will show the sender's
upstream provider; some people lodge a complaint with them also.
There are several web sites available that will do a traceroute and
display the results; use your favorite search engine to find them.
Also, there are usually folks on news.admin.net-abuse.email who are
willing to help you decipher headers; be sure to include the
complete header in your post.
(WSPING32 for Win95 has traceroute and DNS lookups built into it.
The traceroute in it is much more intuitive for Windows users. It
is available at TUCOWS, and many other Winsock sites. For Mac users,
the program "Mac TCP Watcher" has DNS lookup and a traceroue function.)
If you have the tools available, you can also block any further
email from the source of the U*E. See 'I never want to see another
message from UBEs-Our-Biz.com again!' in this FAQ for more
information.
Just ignore it and delete it:
If you only ever get one or two U*E messages, this is a logical and
reasonable course of action. When the numbers increase, come back to
this FAQ and read about other actions.
4d. Where do these people get my email address?
1) Run programs that collect email addresses out of Usenet posting
headers
2) Cull them from subscriber lists (such as AOL's Member Profile
list)
3) Use web-crawling programs that look for mailto: codes in HTML
documents
4) Rip them out of online 'white pages' directories
5) Buy a list from someone who already has one
6) Take them from you without your knowledge when you visit their
web site. For the latest on web browser security issues, see:
<http://www.cert.org/>
7) Use finger on a host computer to find online users addresses
8) Collect member names from online "chat rooms".
4e. How do I keep my address off the lists?
For a junk-free mailbox, don't browse the web, don't put your email
address on a web page, don't subscribe to a large ISP, and don't
post to Usenet. In other words, don't use the Internet.
Some people have taken to forging their own From: and Reply-to:
lines in their posts. They might add an easily-recognized
'spam-block' to their address, or they might use those header lines
to tell folks where to look for their real address (usually in the
sig). Some attempt to boast of their elitist-Unix-nerd-programmer
capabilities by burying their email address in a maze of code. Such
measures, while effective, are frowned upon by some as 'giving in'
to the bulk emailers.
If you do a lot of web browsing, be careful about filling out forms;
some outfits take such action as carte blanche to stuff your
mailbox. There are also those who sell addresses collected in this
manner. Don't assume that because you are visiting the site of a
'reputable company' that this will not happen to you.
4f. I did all that and I still get U*E!
Your options are few; your address is probably on one of the lists
that gets swapped/bought/sold among the bulk email 'community'.
Your only alternative might be a new address. Also, see 'I never
want to see another message from UBEs-Our-Biz.com again!' for ways
to gird your mailbox against the advancing hordes.
There have been several reports of U*E dropping off considerably as
soon as someone has stopped posting to Usenet; this may indicate
that the U*E outfits are constantly creating new lists, and not
reusing old lists.
4g. I asked to be 'removed' - guess what? I got another U*E
Not surprisingly, many UBE outfits treat a 'remove' request as
evidence that the address is 'live'; a 'remove' request to some
bulk emailers will actually guarantee that they will send more to
you. For many others, the remove procedure does not work, either by
chance or design. At this point perhaps you're starting to get a
feel for the type of people with whom you are dealing.
Also, getting removed doesn't keep you from being added the next
time they mine for addresses, nor will it get you off other copies
of the list that have been sold or traded to others. In summary,
there is no evidence of 'remove' requests being an effective way to
stop UBE.
4h. I asked to be 'removed' - guess what? The message bounced
Probably the remove procedure was false. Any remove procedure that
tells you to send remove requests to AOL, CompuServe, Prodigy,
Hotmail, or Juno is certainly false. The bulk emailers are an
unpopular lot; they forge headers, inject messages into open SMTP
ports, use temporary accounts, and pull other stunts to avoid the
tirade of complaints that follow every mailing.
4i. What about 'Remove Me' web sites and other global 'Remove' Lists?
They depend on the goodwill of the UBE-sending agencies to work.
That is, the senders must use and honor the lists for them to be
effective. There is no evidence that they do so. There is nothing
to stop them from -adding- all those addresses to their lists!
Also, because UCE and UBE is sent postage-due, such sites are
effectively attempting to legitimize a form of recipient-paid
advertising; you'll have to decide for yourself whether you want to
support such an effort by placing your address there.
4j. List of Basic Administrative Contacts
(This section was lifted almost intact from the Net Abuse FAQ)
The search for the best person to complain to at any site has led to
much speculation and arguments, even among admins at the same site.
However, if a message to the original poster doesn't get you
anywhere, somebody at one of the following addresses might be able
to help. Be aware, though that some of the more experienced and
well-financed junksters have their own domains, and simply drop
complaints to some of the addresses below into the bit-bucket.
Moving upstream may be your only choice. Some specific addresses
are listed in Appendix I of this FAQ, under 'Abuse Addresses of
major service providers'.
abuse
A lot of ISP's and network backbones have created 'abuse' addresses
for complaints about net-abuse. That's usually the best place to
start.
postmaster
RFC 822, the document which set most of the current standards for
Internet e-mail back in 1982, makes it mandatory for all sites
which pass e-mail to have a postmaster address so that problems can
be reported. The purpose of postmaster has expanded at many sites
to include net-abuse, both e-mail and otherwise.
Administrative or Technical Contacts
If you have access to the whois command, you can type (for example)
'whois example.com' to find out who the administrative and
technical contacts are for a domain. This will list their e-mail
address, and often their phone and FAX numbers. Whois for InterNIC
is available via the web at:
<http://www.internic.net/cgi-bin/whois>
its European counterpart is at:
<http://www.ripe.net>
The bulk emailers are aware of this resource as well, and InterNIC
does very little to check the integrity or authenticity of the
supplied information. So don't be surprised to find contact
addresses such as '[email protected]', and phone numbers that
don't work.
Upstream Providers
Determining who's upstream using email headers can often be
confusing -- many people get it wrong, due to their own
inexperience or forgery on the part of the sender. U*E is worthless
unless it contains some legitimate contact information, though. If
you've been around the block vis-a-vis headers, and you're familiar
with the whois and traceroute tools, you can probably find the
upstream provider.
abuse.net
Now you can send mail to [email protected], and it
will (probably) be sent to the appropriate contact for that domain.
Be advised that this is a wholly experimental service. Be sure to
visit the web site before sending email to this service; it will
explain the what the service does, and how to subscribe to it. You
can find it at:
<http://www.abuse.net>
4k. I've contacted everyone involved - heard nothing back!
Not all ISP's respond to every complaint. With some, this is
because the bulk emailer is his own ISP. With others, it is due to
the volume of complaints received. Many of the larger ISPs and
backbone providers will send an automated response. Don't be
offended by this; they are probably deluged with complaints. The
more they get, the sooner they'll find a permanent solution, so keep
sending them. Also, although the responses are automated, they may
still contain specific information; UUNet's replies contain a
unique ID number, intended for use in any further communications
regarding that particular incident.
4l. I've contacted everyone involved - they told me to go away!
Complain to the next step up the chain. If they, too, brush you
off, keep complaining anyway. Some of the upstream providers claim
no responsibility for the actions of their customers; in lieu of a
'short, sharp, shock', the best thing to do is to keep badgering
them. Still other ISPs will tell you there is nothing they can do
about such activities; that is pure poppycock. If they happen to
be *your* provider, you might consider letting them know what you
think of their incompetence/laziness/irresponsibility by finding
another ISP. Be sure to tell all your friends.
4m. They told me they canceled the account, but I got another U*E!
Some sites have been created for no other purpose than sending UBE.
Some of these will do their best to spread confusion about their
natures by misleading and outright lying to those who complain.
This has included 'removing' offending accounts, only to give the
user another account to start over again. Also, some UBE
'operators' use a 'hit-and-run' strategy, getting free trial or
'throwaway' accounts at other ISP's to actually send the mail.
In addition to that, forging headers is *extremely* common. At
least one UBE'r has been kicked off an account, forged his next
barrage with the (no longer valid) address from the ISP that kicked
him off, *and* bounced the mail off of that provider's mail server.
In UBE, appearances are often deceiving.
4n. I sent a complaint - they said they had nothing to do with it!
A) They had nothing to do with it. The headers were misread or
forged.
2) They're a bunch of lying, no-good such-and-so's. If you're
pretty certain that's the case, send as much evidence as you have
to their postmaster and their upstream provider.
4o. I sent a complaint - they responded with threats!
See 2) above. Sometimes, threats come from newbies, so simply
sending evidence to their postmaster is enough to get them booted.
Also, depending on the nature of the threat, other legal measures
may be available to you.
4p. I never want to see another message from UBEs-Our-Biz.com again!
Some ISPs (MindSpring is one) maintain server-level junk filters.
If your ISP does not do this, ask them to consider it. They may
also subscribe to the Realtime Blacklist (RBL), which is a list
of sites deemed to be sources of net abuse. More on the RBL
can be found at:
<http://www.vix.com.rbl>
AOL also gives its members another tool, keyword 'Mail Controls', to
block email at the individual level. Ask your ISP to provide
similar tools. Better still, ask them to provide even -better-
tools.
Some email client programs are equipped with filters which will
dump, bounce, or auto-reply to email based on user-defined criteria.
Note that this does not prevent the U*E from being received and
stored on your mail server until you deal with it. Some email
programs will download and act on just the headers; others require
the entire message to be downloaded before acting on it.
Consider getting a procmail filter set up if your connection method
and ISP will allow it. Procmail is a subject in and of itself;
some good starting points can be found in The Email Abuse Resource
List, found at:
<http://members.aol.com/emailfaq/resource-list.html>
Also, n.a.n-a.email, .misc, and .usenet often
have threads on the latest procmail tricks and stunts. In addition,
there is a newsgroup, comp.mail.misc, that discusses procmail among
other things.
------------------------------
Subject: 5. Etcetera
5a. Who cares about this stuff? Just delete it
The waste of resources, not to mention your time, has already taken
place. Besides, if UBE goes unchecked, you might be looking for a
keyboard with multiple DEL keys, and a few extra fingers with which
to push them.
5b. There ought to be a law!
<tongue-cheek>
Why don't we sic Those Pesky Congress Critters (TPCC)(tm) on them?
Do that, and the next thing you know the sky will be filled with
Black Helicopters.
</tongue-cheek>
US FEDERAL:
There has been a lot of discussion regarding the United States'
junk fax law (47 USC Section 227) and its applicability to U*E.
The text of this law is available at
<http://www.law.cornell.edu/uscode/47/227.html>
This law has been very effective in eliminating junk faxes in the
US. As of this writing, there is a bill working its way through
the US House of Representatives that would amend the 47 USC 227 to
include unsolicited commercial email. This effort is being led by
The Coalition Against Unsolicited Commercial Email (CAUCE); the text
of the amendment, which was introduced by Representative Chris Smith
of New Jersey, can be found at
<http://www.cauce.org/amendment.html>
A bill has been passed by the US Senate, S.1618. Senator Frank
Murkowski of Alaska joined with Senator Frank Torricelli of New
Jersey to put forth an FTC-enforced opt-out plan; this can be
found at
<http://www.senate.gov/~murkowski/commercialemail/EmailBillText.html>
As of the date of this FAQ, there have been as many as 96 cases
pending where 47 USC 227 is being tested for its applicability to
email. Check news.admin.net-abuse.email, and other Net news services,
for updated information.
There is also another US statute. 18USC1029 is a computer anti-
hacking law that could make it illegal to use false headers or fake
accounts on computers. (They call it access codes, devices or
services.)
STATE-LEVEL:
Washington state has passed a law requiring truth in headers and
other identification information to be included in any commercial
email sent to Washington state residents. The text can be found at:
<http://www.cauce.org/washlaw.html>
Effective January 1, 1997, Section 17538(d) of the Business and
Professions Code took effect in CALIFORNIA. This begins:
"A vendor conducting business through the Internet or
any other electronic means of communication shall
do all of the following when the transaction
involves a buyer located in California:"
and goes on to mandate some very specific requirements about
exactly how the legal name and address of the vendor shall
be prominently disclosed. Violations of this section
are punishable by up to six months in jail and a fine of
up to $1,000.
Cal BPC 17538 (d) seems to say that if you make a purchase over
the Internet from California, the seller must tell you their real name
and address and their return or refund policy before accepting
payment; this appears to be a watering-down of earlier versions,
which stipulated that such information be put on the web page or in
the advertisement making the offer.
The text of this California business code can be found at:
<http://www.leginfo.ca.gov/cgi-bin/displaycode?section=bpc&group=
17001-18000&file=17530-17539.6>
NEVADA has passed a bill in July 1997 in its legislature that deals
specifically with the issue of U*E. It appears to have been rendered
nearly useless by last-minute lobbying efforts by the Direct
Marketing Association. The text can be found at:
<http://www.leg.state.nev.us./97bills/SB/SB13.HTM>
The bill's sponsor was Senator Raggio:
<[email protected]>.
If you'd like to tell the DMA what you think, the place to do it is:
<[email protected]>
5c. I *like* getting U*E!
Post your address in n.a.n-a.e - lots of folks would be happy to
forward you some more. Be sure to reserve -plenty- of space.
5d. I'm seeing a lot of ads in my favorite newsgroup - help!
Sorry, wrong FAQ. You want the Net Abuse FAQ, posted thrice monthly
(on the 1st, 11th, and 21st) to news.admin.net-abuse.*,
news.admin.misc, news.groups.questions, and news.answers. It will
also be available by anonymous ftp from rtfm.mit.edu and its mirror
sites. The master hypertext version is available at:
<http://www.cybernothing.org/faqs/net-abuse-faq.html>
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Subject: End of eMail Abuse FAQ
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