Category: Law

Tulsi Gabbard performs a public service

Back in August of 2019, the Tulsi Gabbard campaign (“Tulsi Now, Inc.”) sued Google after Google temporarily suspended the campaign’s Adwords account after the first Democratic Presidential Candidate Debates ​(Marinucci & Strauss, 2019)​. Earlier this week, in a move that should have surprised absolutely no one, the judge in the case threw out the lawsuit… Read More

Laws Still Apply to Bad Ideas

On Monday, I posted that “[acp title=”Forcing Consent Is A Bad Idea” medium=”blog” url=”https://www.spamtacular.com/2020/01/27/forcing-consent-is-a-bad-idea/” year=”2020″ month=”January” day=”27″ author=”Mickey Chandler” id=”me-02″ day_access=”29″ month_access=”January” year_access=”2020″]{title}[/acp]”. The point was to tell say that, regardless of legal issues, there are very practical reasons in favor of setting a policy of not trying to force consent. But, just because there… Read More

Oklahoma does … something?

On January 13, 2020, the Oklahoma House received a nonsense bill. Rep. Collin Walke, ​Oklahoma E-Mail Communication Content Privacy Protection Act​, (2020). This bill is intended to “make it illegal for companies, like Google or Microsoft, that host email servers to glean information from users.” Collin Walke, ​Facebook Post​, Facebook (2020), https://www.facebook.com/Walkefor87/posts/2657786940984444 (last visited Jan… Read More

US Supreme Court to consider TCPA case

https://www.supremecourt.gov/docket/docketfiles/html/public/19-631.html is the docket page for Barr, et al., v. American Association of Political Consultants, Inc., et al. This is a TCPA case involving automated calls with both the Petitioner and the Respondent in agreement as to what they feel the outcome should be. The favored result would probably gut the TCPA’s prohibition against the… Read More

man sticking out paper wall

Real impacts of spam

I don’t talk about it very often, but there are some real consequences to the mere existence of spam. In 2004, the FTC mentioned it as a driver in address churn​*​​(Federal Trade Commission 2004)​. Of course, unwanted messages get lost. Finally, we can blame the mere existence of spam for the existence of spam filters.… Read More

rear view of a silhouette man in window

Man charged with sending 1 meeeellion spam emails in 4 years

Michael Persaud of Scottsdale, Arizona, a longtime ROKSO spammer, has been arraigned on charges of 10 counts of wire fraud. Luke Wilusz, ​Man charged with sending more than 1M spam emails​, Chicago Sun-Times (2017). It is alleged that, between 2012 and 2015, Mr. Persaud sent more than a million spam emails. I haven’t seen the charging… Read More

So tell us how you REALLY feel

People will sometimes ask me why I hate the Lead Generation (lead gen) and Payday Loan industries. Ultimately, it’s because they have such deep problems that I don’t think that any self-respecting ESP should take them on as a client. This morning, I saw a [acp author=”United States Federal Trade Commission” id=”FTC-01″ title=”Data Broker Defendants Settle FTC… Read More

person in black and white striped uniform

What happened to Compu-Finder?

The CTRC said today that it has issued its first penalty against someone for sending emails violating Canada’s anti-spam law. The Canadian Radio-television and Telecommunications Commission, ​CRTC Chief Compliance and Enforcement Officer Issues $1.1 Million Penalty to Compu-Finder for Spamming Canadians​, Government of Canada (2015), https://www.canada.ca/en/news/archive/2015/03/crtc-chief-compliance-enforcement-officer-issues-1-1-million-penalty-compu-finder-spamming-canadians.html (last visited Jun 2, 2024). The penalty is substantial (C$1.1… Read More

Spammer escapes slammer (Updated)

The Lompoc Record is reporting that Jeffery Kilbride has escaped from the minimum security federal lockup. Kilbride was convicted in 2007 of offenses primarily related to the CAN-SPAM Act. Among the things that were apparently included was an allegation that Kilbride and his partner had impaired the ability to track them down by using false… Read More

CASL Loophole?

In looking at the new regulatory framework for CASL which was just released late on Tuesday of last week by [acp title=”CASL81000-2-175 (SOR/DORS)” author=”Industry Canada” media=”website” year=”2013″ month=”December” day=”3″ id=”IC_CASL-01″ url=”http://fightspam.gc.ca/eic/site/030.nsf/eng/00273.html”]{author}[/acp], I noticed a this bit: 3. Section 6 of the Act does not apply to a commercial electronic message… (f) if the person who sends… Read More

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