[rohrpost] [Fwd: FC: Make money fast! -- By trapping spammers with trespass charges]

[philipp schmidt]

k=F6nnte den brief mal jemand juristisch haltbar uebersetzen?

ich schlage ausserdem vor ein ganzes netzwerk von muettern neugeborener
kinder (heimarbeit) mit internet und pcs auszuruesten und dann massiv
abzusahnen. wer macht mit?

philipp

-------- Original Message --------
Subject: FC: Make money fast! -- By trapping spammers with trespass
charges
Date: Wed, 21 Nov 2001 23:32:38 -0500
From: Declan McCullagh <declan@well.com>
Reply-To: declan@well.com
To: politech@politechbot.com
CC: rellis@internet-attorneys.com


---

Date: Wed, 21 Nov 2001 16:31:03 -0500
To: declan@well.com, politech@politechbot.com
From: "Robert L. Ellis" <rellis@internet-attorneys.com>
Subject: Re: FC: Spammer-mocking critic replies to Politech posts
Cc: mfraase@farces.com
In-Reply-To: <5.1.0.14.0.20011121012243.0228a690@mail.well.com>

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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