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Re: New CA Law

  • From: Joe St Sauver
  • Date: Tue Sep 23 21:50:58 2003

Hi Leo,

#Word is Gray Davis signed this law,
#http://info.sen.ca.gov/pub/bill/sen/sb_0151-0200/
#sb_186_bill_20030911_enrolled.html today.  It seems to be a pretty 
#strong anti-spam bill.  Given all the talk of black lists and DDOS's 
#and the like does anyone think this will make a difference?  Is 
#anyone planning on using the law to recover damages?

Likewise, Oregon passed (and our Governor signed) SB910 
http://www.leg.state.or.us/03reg/measures/sb0900.dir/sb0910.en.html
which includes a right of private action with $500 per spam penalties
[in the case of spam which "Misrepresents or hinders a person from 
determining the point of origin or transmission path of the electronic 
mail message"] among other nice provisions. 

"Electronic mail service providers" also acquire new rights of action,
and some interesting immunities. 

All that's needed now is litigation support software that can ingest
spam submissions, aggregate and summarize appropriately, do automated
whois lookups and deobfuscation, and produce digestified ready-to-litigate 
spam packages for interested attorneys.

Regards,

Joe