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Unsolicited
E-mail or "Spamming"
It seems everybody has an opinion on everything. Unsolicited
e-mail is no different. There are people on the Internet that
live for sending it, and others that live to spam those who send
it. It is not an issue of who is right and who is wrong it is
just a matter of opinion.
Is It Legal?
"US Code Title 47, Sec.227(a)(2)(B), a computer/modem/printer
meets the definition of a telephone fax machine. By
Sec.227(b)(1)(C), it is unlawful to send any unsolicited
advertisement to such equipment. By Sec.227(b)(3)(C), a
violation of the aforementioned Section is punishable by action
to recover actual monetary loss, or $500, whichever is greater,
for each violation."
What does this mean? Who knows. The U.S. government has declared
the practice of spamming unlawful, however, there are many gray
areas still.
One Point of View...
As a Web Presence Provider (WPP), we see much more of the
effects of spamming as do users. We see how it effects our
customers, our servers, and the public's perception of companies
that do business on the Internet.
Spamming is a numbers game. Spammers send their messages to say
1000 addresses, with hopes of 1/2% response. This means that 995
messages were either returned or sent to people who just did not
care. The truth is most users are irritated by this form of
solicitation and marketers who use this method do more harm than
good for their business.
Have you ever seen a spam from a hospital? How about a spam from
AT&T or MCI? My guess is no. Spamming is a form of marketing
that irritates many more users than it benefits and therefore
companies who care about their reputation do not participate.
Spamming is left for the MLM'ers selling magic hair tonic and
anti-wrinkle cream. Overall, these spams create a general
prejudice on all companies who do business on the Internet, thus
slowing the acceptance of on-line commerce.
What is the difference between bulk-mailing and bulk e-mailing?
Sending solicitations via the regular mail requires an
investment on the senders part. When the mail is received, the
recipient has a choice to accept it and read the offer or throw
it in the trash. The recipient does not have this choice when
sent a unsolicited e-mail however. The message is stored on
their server, taking up space. The recipient has no choice but
to download the message in order to delete it. Many users still
have to pay per minute for Internet service either for
connection time or for long distance charges.
More Dangers of Spamming - ISP Rebels...
Although many think the recipients of the spams are the main
victim, ISP's (Internet Service Providers) are hurt the most by
spammers. Their networks get flooded with spams and both their
lines and server slow down causing their customers to go looking
elsewhere for a dial-up provider. Recently there has been a new
trend for ISP's to get revenge on spammers. The ISP will
investigate the spam and find the domain of the spammer. They
will then remove that domain (or block the domain) from their
name server, thus preventing thousand perhaps even millions of
browsers accessibility to that domain. The legality issues of
this practice are just as nebulous as the legality of spamming
itself. Once an ISP blocks your domain from their users, it is
very difficult to prove that it is blocked and even more
difficult to get this undone.
Anti-Spammer Activists... Ignorant Trouble Makers!
For every spammer you have a ASA (Anti-Spammer Activist). These
are the users that attempt to track down the origin of the spam
and send a meaningless threat or a vulgar message or every party
associated with the address of the spammer. Although some of
these ASAs have good intentions, they just create even more junk
e-mail flowing through the Internet, slowing down connection
times and using up valuable hard disk space that could be better
used for storing orders. Why "ignorant"? Very rarely does a
spammer use their real e-mail address nor do they send the mail
from their ISP's mail server. These spammers do every trick in
the book to hide their identity or just use somebody else's. So
the majority of the time the flames are directed to the wrong
place.
A Solution?
We do not have one. We are not looking to make waves by putting
an end to unsolicited e-mail. For many users, this is the only
form of marketing they can afford. It is even a cheaper form of
advertisement than standing on Hollywood Blvd. handing out
flyers with show times of the next peep show. What we can do is
implement policies that we believe will most benefit our
customers and the Internet community in general. At ASP Network,
we provide our customers with much information and many tools
they can use to market their business so they do not have to
resort to spamming.
The ASPN "No Spamming" Policy Explained
"(vii) Advertising, Solicitation and Name Harvesting. We are
proud to have a strict "no-spamming" policy. It is a definite
violation of ASP Network policy and is cause for immediate
termination."
ASPN reserves the right to terminate any user for spamming (as
defined below).
"You may not use ASPN to send unsolicited advertising,
promotional material, or other forms of solicitation to any
other ASPN Subscribers except in those specified areas that are
designated for such a purpose (e.g., the classified area) unless
you receive the express permission of the Subscriber. You may
not use ASPN to collect or "harvest" screen names of other
Subscribers without the express prior permission of the
Subscriber."
Users cannot send unsolicited messages in any form to other ASPN
users without their permission ( a request by the user).
"ASPN reserves the right to block or filter mass email
solicitations on or through ASPN."
ASPN can block certain know spammers from their servers if it
becomes necessary.
"In addition, you a) may not use your ASPN POP account to send
such solicitations"
Users cannot send any unsolicited e-mail message(s) from their
ASPN POP account
b) may not use your domain name or IP address, any sites (names,
URL's or IP addresses) belonging to ASPN and affiliates, or the
ASPN name in any non appropriate postings or e-mail
solicitations you choose to participate in anywhere on the
Internet.
If a user chooses to ignore the advice of ASP Network and use
unsolicited e-mail as a form of marketing, they cannot
list their domain name that resides on their ASPN server
anywhere in the solicitation, including return e-mail addresses
list their IP address that resides on their ASPN server anywhere
in the solicitation, including return e-mail addresses
Spamming FAQ
Why don't you host sites that spam, even if they do not use your
servers for spamming?
All ethical issues aside, our contracts with the communications
companies that bring us connectivity to the Internet do not
allow it. Hosting a spammer gives ASP Network and our ISP a bad
name in the Internet community. We also will do our part as an
WPP to eliminate spam from the Internet.
What about sending unsolicited e-mail to our own customers?
This is fine. E-mail can be a very effective way to distribute
information to customers. However, this is where many "gray
areas" come up. How are they a customer? Do they know they are a
customer? Are you trying to sell them something or merely
sending an announcement? Do they have a means of getting off
your list if they request it?
We have many users on our site. What if a user decides to ignore
this policy and spam anyway?
We are reasonable and we take this into consideration. We will
ask you to inform the user of the policy and make sure it does
not happen again. It they continue to send unsolicited messages
your account will be in jeopardy. We strongly discourage
customers giving users free web space, e-mail accounts or auto
responders. This is breeding ground for spammers.
Are you saying though that there is a limit to what kind of
legal business I can talk about on my Web site?
Not at all! You can use your Web site for any legal purpose
(adult sites excluded). You just cannot use unsolicited e-mail
to advertise services or products.
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