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In the US, we have signed treaties with some countries that say that they will honor our copyright and patent laws, but I don’t believe it covered SPAM, a concept that came after the signing of the treaties.
How can a spammer tell the difference from an email address?
One easy way would be to keep a careful record of how many times they have been prosecuted for spamming that address.
Amy number above zero would strongly indicate that the address was, at one time at least, a home email address.
For any other address -- those with a current track record of zero prosecutions, they should take active steps to ensure that the address does want their spams. Being home or corporate should make no difference in this regard.
If they can find no record across their great chain of affliates and sellers-on of email addresses that the address has opted-in, they should act prudently and not spam it.
If an affiliate (or addresss list seller) vouches that the address is opted-in, then the spammer should ensure that that party indemnifies them for any legal consequences if the address is not an acceptable spam destination.
Very simple, really.
One easy way would be to keep a careful record of how many times they have been prosecuted for spamming that address.Amy number above zero would strongly indicate that the address was, at one time at least, a home email address.
For any other address -- those with a current track record of zero prosecutions, they should take active steps to ensure that the address does want their spams. Being home or corporate should make no difference in this regard.
So prosecution would record the addresses? unlikely I think, and who will release them to the spammers to check against?
Lets face it, unsolicited mail should be made illegal in any shape or form.
The steps they should take to make sure that the address does want their span are :
a) Leave our inboxes alone until we specifically sign up for you and OPT IN.
b) advertise their span on public sites so those who want it can OPT IN for it.
c) see rule a) again for clarification.