I'm gonna sue me a spammer. :)
Jan. 28th, 2006 02:54 pm![[personal profile]](https://www.dreamwidth.org/img/silk/identity/user.png)
Court: Maryland spam law can be enforced
http://www.twincities.com/mld/twincities/business/technology/13728412.htm
In short: If a spammer sends an email with a deceptive or false subject line or routing info, to me through my stalag99.net domain, I can sue said spammer. It's because I'm a Maryland resident and my domain's registered in Maryland, making the spammer subject to Maryland's MCEMA law.
If you say "wait a minute, that can't be right..." I'm going to go through some of the findings of the court, using me as an example:
http://www.twincities.com/mld/twincities/business/technology/13728412.htm
In short: If a spammer sends an email with a deceptive or false subject line or routing info, to me through my stalag99.net domain, I can sue said spammer. It's because I'm a Maryland resident and my domain's registered in Maryland, making the spammer subject to Maryland's MCEMA law.
If you say "wait a minute, that can't be right..." I'm going to go through some of the findings of the court, using me as an example:
- The MD court has juristiction because the spammer sent spam to the domain, the domain is registered to me, the domain is registered to a MD address, and I received the spam on that domain of mine.
- Spammer can't claim a broadcast of spam was an accident, because the broadcast it everyone AND my domain. Spammer had to know my domain to do it.
- Spammer can't claim the personally registered domain is common (like hotmail.com or yahoo.com), because the WHOIS infomation is eazily accessible (Network Solutions has a tool linked on their front page).
- Spammer can't claim it's too hard to comply w/Maryland law. (Psst: Free Perl script on my Furrynet Wiki)
- Spammer can't claim it may be opened by a MD resident in a different state because it addresses the spammer targeting MD, not the recipent.
- Spammer can't claim it violates the US commerence clause, because the law makes sure it doesn't interfere in conduct outside MD, just with Maryland.