The FTC (US Federal Trade Commission) is soliciting comments on CAN-SPAM legislation: A. General Issues 1. Is there a continuing need for the Rule? Why or why not? 2. What benefits has the Rule provided to consumers? What evidence supports the asserted benefits? 3. What modifications, if any, should be made to the Rule to increase its benefits to consumers? (a) What evidence supports the proposed...
Via Krebs on Security, a russian named Pyotr Levashov has been arrested in Spain. According to news reports (NY Times, Reuters) the arrest happened in response to a warrant issued by the US, but no details were given as to what he was being charged with. The DoJ says the case is currently under seal and will not comment on charges. There is widespread agreement that this person is involved in...
Last week the CRTC published a CASL enforcement action wherein they fined an individual $15,000 for 10 violations of the act. The Commission imposes an administrative monetary penalty of $15,000 on William Rapanos for 10 violations of section 6 of Canada’s Anti-Spam Legislation. Specifically, Mr. Rapanos sent commercial electronic messages (i) that did not identify the sender, (ii) that did not...
This week the Canadian Radio-television and Telecommunications Commission (CRTC) announced a $50,000 fine against Blackstone Learning Corp. for violations of CASL. In early 2015, the CRTC identified over 380,000 emails sent without the consent of recipients and fined Blackstone $640,000. Blackstone appealed the ruling and the Commission lowered the fine to $50,000. I strongly recommend folks who...
An article popped up on LinkedIn about a recent 2nd court of appeals ruling that I thought was interesting. Back in 2011, the FTC and the state of Connecticut filed suit against a company called LeanSpa and their affiliate marketer called LeadClick. LeanSpa sold various diet products through negative option marketing. LeadClick was the affiliate company they used to help drive traffic and...
The 2nd Circuit Court of Appeals ruled against the Government today in US Government vs. Microsoft. The government is investigating a drug dealer and want access to records held by Microsoft. Microsoft turned over metadata stored on US machines. But they refused to turn over the specific emails stored on machines in Dublin. The company’s position is that the federal government needs to...
Since the Safe Harbor rules were struck down by EU courts, the US and EU have been in negotiations to replace it. This morning (pacific time) the EU approved the new rules called Privacy Shield. WSJ Article
Sanford Wallace has been sentenced to 2 years in jail by the US District court in San Jose for contempt of court and electronic mail fraud. Sanford has been around for more than 2 decades. He is one of the spammers that drove me to learn how to read headers and report spam back in the late nineties. Sanford has been in and out of courts and the news almost as long as he’s been spamming...
Dear Laura, I read your blog post about CAN SPAM earlier this week, and there’s one thing that confuses me. You never mention that harvesting addresses is a violation. I’ve seen many other people, including lawyers, assert that harvesting addresses is a violation of CAN SPAM. Why did you leave that out? Signed, Hopeful maker of musubi Dear Hopeful, The idea that harvesting is, in and...
Earlier this week I posted about the increased amount of B2B spam I’m receiving. One message is not a huge deal and I just delete and move on. But many folks are using marketing automation to send a series of emails. These emails often violate CAN SPAM in one way or another. This has been the law for 13 years now, I find it difficult to believe marketers are still unaware of what it says...
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