Judge Rules on Legality of Certain Spam

Nov 21 2007

This might be one for the books. Stupidest moves by a Judge I have seen in a long time. So IF you name yourself in a spam email (aka non opt in emails that ARE unsolicted, which under CAN SPAM would tell me are illegal).

What they hell is she thinking?

Judge: Spam Exempt From Law When Sender Names Self (From News.com)

A Washington judge has ruled that spam is “personal e-mail” exempt from anti-spam laws if it’s written in a style that suggests familiarity with the recipient. In the words of small-claims Judge Judith Eiler herself (via Slashdot):

“These are anti-spam laws, which imply that they are mail just sent out in huge bulks, which would be the antithesis of a personal e-mail. And here he puts his name, in fact this is the person that you directly sued rather than somebody that’s in a corporation or a company. The court does think that there’s some indication that this is a personal-type e-mail. While it may have gone out to a number of people, it doesn’t have quite the earmarks.”

eiler2.jpg

This twit sits at the business end of the whole “legal spam” fiasco, wherein this nation “banned” unsolicited bulk email by outlining how it may legally be sent. Lawmakers are bought and paid for, but the ignorance and stupidity of judges like Eiler is far more reliable.

Following is the spam itself, addressed to “Dear Webmaster” and hocking a scammy link exchange scheme.

To: bennett@peacefire.org Subject: Reminder: Link exchange with your site http://slashdot.org X-PHP-Script: www.theeashblahblah.com/linkmachine/auto.php for 87.102.22.100 Date: Wed, 12 Sep 2007 09:34:26 -0400 From: Roderick Eash Reply-to: reash@tconl.com Message-ID: X-Priority: 3 X-Mailer: PHPMailer [version 1.72] Errors-To: reash@tconl.com MIME-Version: 1.0 Content-Type: multipart/alternative; boundary=”b1_b43cabef83c9f9123db7a78ef9a73362″ Dear Webmaster, My name is Roderick Eash, and I run the web site Work At Home Business Opportunities | Online Career Training: http://www.theeashblahblah.com/ The other day I wrote you to let you know I’m very interested in exchanging links. I’m sending this reminder in case you didn’t receive my first letter. I’ve gone ahead and posted a link to your site, on this page: http://www.theeashblahblah.com/linkmachine/resources/resources_home_based_business_41.html As you know, reciprocal linking benefits both of us by raising our search rankings and generating more traffic to both of our sites. Please post a link to my site as follows: Title: Work At Home Business Opportunities | Online Career Training URL: http://www.theeashblahblah.com/ Description: Your Source, and Resource for starting a Home Business, or Growing the One You’re In. Once you’ve posted the link, let me know the URL of the page that it’s on, by entering it in this form: http://www.theeashblahblah.com/linkmachine/resources/link_exchange.php?ua=_ua9&site_index=MTg4MTgwMjc%3D You can also use that form to make changes to the text of the link to your site, if you’d like. Thank you very much, Roderick Eash

Published in Spam Emails, The Spam Cops, Worst Of Email on Wednesday, November 21st, 2007   

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One Response

  1. 1
    Paul Prewitt says:

    That is just plain ridiculous. Man the ability for interpretation is a good thing but ignorance is no excuse.

    Please do not think that this one judge is saying ignore all those people that would tell you the above is a SPAM message because that message above was nothing more than SPAM… and anyone else that would have gotten it would have agreed.

    The reason for naming the person individually is that this is one of those WWW Scams for link building and are usually done by a person not corporations (they all know the down side to them)… including legal actions.

    We’ll, until the “Powers” are able to understand and fully comprehend the WWW & Email it would probably be best if they just stayed out of it.

    This is simply a case of ignorance… if you don’t understand something then learn.

    I say APPEAL it and DOWN w/ SPAM!