47 USC 227...

[Valdis Kletnieks vt edu]

On Tue, 02 Nov 1999 11:21:00 CST, Justin Georgeson <jgeorgeson@mastercontrol.net>  said:
> Pursuant to US Code, Title 47, Chapter 5, Subchapter II, Sec. 227,

Umm.. which part of 47 USC 227 are you citing?  Hopefully not 227(a)(2)(B)..

> any and all unsolicited commercial E-mail sent to this address
> is subject to a download and archival fee in the amount of $500
> US (per infraction).  E-mailing denotes acceptance of these terms.

(I'm lame, I'm just appending my form letter regarding 47 USC 227 here...)

I would like to see citations (especially case law) that specifically
address your claim that 47 USC 227(a)(2)(B) is applicable in this case.  In
particular, such legal advice as I've seen states that this is *NOT* applicable
to E-mail in general, and that if E-mail *was* ruled to be legally fax, then
you would have to comply with all the legal requirements that would entail.

In particular, I suggest that you also read 47 USC 227(d)(1)(B),
which states:

(d) Technical and procedural standards 
    (1) Prohibition 
         It shall be unlawful for any person within the United States - 
          (A) ....
          (B) to use a computer or other electronic device to send any 
              message via a telephone facsimile machine unless such person 
              clearly marks, in a margin at the top or bottom of each 
              transmitted page of the message or on the first page of the 
              transmission, the date and time it is sent and an 
              identification of the business, other entity, or individual 
              sending the message and the telephone number of the sending 
              machine or of such business, other entity, or individual. 

Be careful what you ask for, you may get it....

				Valdis Kletnieks
				Operating Systems Analyst
				Virginia Tech

(Hint - was *your* e-mail stamped with the originating phone number at the
top of each page? ;)

PGP signature