[cobalt-users] slightly OT.. but worth a thought or two... Fw: Make money fast! -- By trapping spammers with trespass charges

[SteelHead <bill@xxxxxxxxxxxxxxx>]

this is likley better for the "web-hosting" list. but I think it affects all
of us that serve email to our own domains.. so here it is anyway.  Thanks
Dan

Bill
----- Original Message -----
From: "Declan McCullagh" <declan@xxxxxxxx>
To: <politech@xxxxxxxxxxxxxxx>
Cc: <rellis@xxxxxxxxxxxxxxxxxxxxxx>
Sent: Wednesday, November 21, 2001 8:32 PM
Subject: FC: Make money fast! -- By trapping spammers with trespass charges


>
> ---
>
> Date: Wed, 21 Nov 2001 16:31:03 -0500
> To: declan@xxxxxxxx, politech@xxxxxxxxxxxxxxx
> From: "Robert L. Ellis" <rellis@xxxxxxxxxxxxxxxxxxxxxx>
> Subject: Re: FC: Spammer-mocking critic replies to Politech posts
> Cc: mfraase@xxxxxxxxxx
> In-Reply-To: <5.1.0.14.0.20011121012243.0228a690@xxxxxxxxxxxxx>
>
> For any politechnicals who have the energy and time to fight spammers (I
> don't -- I gave up), as an attorney I can suggest a refinement of Michael
> Fraase's tactic.
>
> 1.  Identity the spammer and notify them that they no longer have
> permission to use your bandwidth, time, email server, etc. unless they
> accept your terms and conditions:  payment of $$$.
>
> 2.  Notify them that they may accept your terms and conditions by
> continuing to send spam.
>
> 3.  Notify them that if they reject your terms and conditions -- which few
> spammers will bother doing -- all further spam will constitute trespass to
> chattel (the legal basis successfully used by big ISPs to pursue major
> spammers).
>
> The above steps create a contractual basis (offer and acceptance) for the
> invoice, and eliminate free-speech issues.  The following is the text of a
> letter which accomplishes this.  I'm placing this text in the public
domain.
>   - - - - - - -
> LEGAL NOTICE
> To___________
>
> ______________ has sent or caused to be sent one or more unsolicited
> commercial email ("UCE" or "spam'") messages to an email address at the
> **** domain name.  Your spam was not sent in response to any request for
> information.  Spam is an annoyance and takes up our valuable time,
> bandwidth, server space, and computer hard drive space.  Effective
> immediately, your further use for commercial purposes of any e-mail
address
> ending with any of our domain names:  [domain name list]  constitutes your
> agreement to the following terms and conditions:
>
> 1.      Each time you send UCE to our e-mail address, you agree to pay a
> usage fee of one thousand dollars ($1000.00) within 30 days of our
invoice,
> payable to _______________________.  This fee is deliberately high because
> we do not want to spend our time and bandwidth dealing with UCE unless we
> are paid to do so.  You will be invoiced on a monthly basis and agree to
> pay interest at the rate of eighteen percent (18%) per annum on any
balance
> which remains unpaid for more than thirty (30) days.
>
> 2.      You agree to accept service of process in [name your state] as
well
> as the jurisdiction of [same state] courts for the enforcement of this
> obligation.
>
> 3.      You agree to pay the costs of collection, including reasonable
> attorney fees, even if the cost of collection exceeds the usage fee.
>
> This message constitutes an offer which you may accept by sending
> commercial email or causing it to be sent to any email address at any of
> the above-listed domains.  If you notify us that you do not agree to these
> conditions, then you do not have permission to send UCE to any of the
> above-listed domains; your doing so without permission will constitute
> trespass to chattel and will be pursued by legal action.
>
> Sincerely,
> - - -
>
>
>
> ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
> Ellis Venable & Busam LLP
> 33 North High Street, Columbus, OH 43215-3076
> +1 614.221.2422 phone   221.5244 fax
> www.internet-attorneys.com
>
>
>
>
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