Protect yourself and Fight against Junk Emails
Good and bad are always the 2 sides of a coin.
In this Information Age, where communications get better than ever and when
the world is growing into a Global Village, "junk email" became an
ingredient of the bad side. (By the way, find out what 'Global Village'
means, if you want to survive in the 21st century.)
The bad side is what you can always fight, but what you can never get rid
of.
Zaw Htut
WIN Myanmar Systems
SENDING JUNK EMAIL AND FAX IS ILLEGAL in many countries
REGISTER TO STOP RECEIVING JUNK MAIL
THE BEST ANTI-JUNK MAIL PAGES
Broadcast Fax and Junk Email Illegal
Under United States law, it is unlawful "to use any telephone facsimile
machine, computer, or other device to send an unsolicited advertisement"
to any "equipment which has the capacity (A) to transcribe text or images
(or both) from an electronic signal received over a regular telephone line
onto paper." The law allows individuals to sue the sender of such illegal
"junk mail" for $500 per copy. Most states will permit such actions to be
filed in Small Claims Court.
Here is the text of the federal law:
From the U.S. Code Online via
GPO Access [wais.access.gpo.gov] [Laws in effect as of January 24, 1994]
[Document affected by Public Law 103-414 Section 303(a)(11)]
[CITE: 47USC227]
TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
CHAPTER 5--WIRE OR RADIO COMMUNICATION
SUBCHAPTER II--COMMON CARRIERS
Sec. 227. Restrictions on use of telephone equipment
-
(a) Definitions
As used in this section-- * * *
-
(2) The term ``telephone facsimile machine'' means equipment which has the
capacity (A) to transcribe text or images, or both, from paper into an electronic
signal and to transmit that signal over a regular telephone line, or (B)
to transcribe text or images (or both) from an electronic signal received
over a regular telephone line onto paper. * * *
-
(4) The term ``unsolicited advertisement'' means any material advertising
the commercial availability or quality of any property, goods, or services
which is transmitted to any person without that person's prior express invitation
or permission.
-
(b) Restrictions on use of automated telephone equipment
-
-
(1) Prohibitions
It shall be unlawful for any person within the United States -- to use any
telephone facsimile machine, computer, or other device to send an unsolicited
advertisement to a telephone facsimile machine; * * *
-
(c) to use any telephone facsimile machine, computer, or other device to
send an unsolicited advertisement to a telephone facsimile machine; * * *
-
-
(3) Private right of action
A person or entity may, if otherwise permitted by the laws or rules of court
of a State, bring in an appropriate court of that State--
-
(A) an action based on a violation of this subsection or the regulations
prescribed under this subsection to enjoin such violation,
-
(B) an action to recover for actual monetary loss from such a violation,
or to receive $500 in damages for each such violation, whichever is greater,
or
-
(C) both such actions.
If the court finds that the defendant willfully or knowingly violated this
subsection or the regulations prescribed under this subsection, the court
may, in its discretion, increase the amount of the award to an amount equal
to not more than 3 times the amount available under subparagraph (B) of this
paragraph. * * *
-
(e) Effect on State law
-
-
(1) State law not preempted
Except for the standards prescribed under subsection (d) of this section
and subject to paragraph (2) of this subsection, nothing in this section
or in the regulations prescribed under this section shall preempt any State
law that imposes more restrictive intrastate requirements or regulations
on, or which prohibits--
-
(A) the use of telephone facsimile machines or other electronic devices to
send unsolicited advertisements; * * *
[ Amended 1992: Subsec. (b)(2)(C). Pub. L. 102-556 added subpar. (C).
]
BUSINESS AND PROFESSIONS CODE
SECTION 17538.4.
-
(a) No person or entity conducting business in this state shall fax or cause
to be faxed documents consisting of unsolicited advertising material for
the lease, sale, rental, gift offer, or other disposition of any realty,
goods, services, or extension of credit unless that person or entity establishes
a toll-free telephone number which a recipient of the unsolicited faxed documents
may call to notify the sender not to fax the recipient any further unsolicited
documents.
-
(b) All unsolicited faxed documents subject to this section shall include
a statement, in at least 9-point type, informing the recipient of the toll-free
telephone number the recipient may call, and an address the recipient may
write to, notifying the sender not to fax the recipient any further unsolicited
documents to the fax number, or numbers, specified by the recipient.
-
(c) Upon notification by a recipient of his or her request not to receive
any further unsolicited faxed documents, no person or entity conducting business
in this state shall fax or cause to be faxed any unsolicited documents to
that recipient.
-
(d) Any violation of subdivision (c) is an infraction punishable by a fine
of five hundred dollars ($500) for each and every transmission.
-
(e) As used in this section, "fax" or "cause to be faxed" shall not include
or refer to the transmission of any documents by a telecommunications utility
to the extent that the telecommunications utility merely carries that
transmission over its network.
source: http://www.oocities.org/Tokyo/Pagoda/8160