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Re: Fwd: Re: Digital Island sponsors DoS attempt?

  • From: Valdis.Kletnieks
  • Date: Mon Oct 29 12:27:44 2001

On Mon, 29 Oct 2001 08:46:09 EST, Leo Bicknell <[email protected]>  said:
> Unsolicited, Commercial, and E-mail all have precise definitions.

We've got commercial and e-mail nailed down enough for the lawyers.

Unsolicited?  Umm.. 

47 USC 227 (which includes the "junk fax" law) says (47 USC 227(a)(3)):

    * (3) The term ''telephone solicitation'' means the initiation of
      a telephone call or message for the purpose of encouraging the
      purchase or rental of, or investment in, property, goods, or
      services, which is transmitted to any person, but such term does
      not include a call or message (A) to any person with that
      person's prior express invitation or permission, (B) to any
      person with whom the caller has an established business
      relationship, or (C) by a tax exempt nonprofit organization.

What exactly does "established business relationship" mean in the
context of (for example) the NANOG mailing list? (Note that once there
is a business relationship, there's no requirement that the solicitation
has to be related - I continually get calls from various financial
institutions plugging other services)

No, I don't know the answer here - but it would probably go along
with "membership in the same professional society" or "same country club"
or similar.  However, I've seen enough user's groups and similar that
have "thou shalt not recruit/advertise/etc" rules that I have to
suspect such behavior is otherwise legal (although slimy and frowned upon).

/Valdis