Cease and desist:
I am in receipt of your unwelcome mail (header is attached below). Such unsolicited mail is an annoyance and an inconvenience, is a waste of my time, and should not be permitted. No matter what your excuse, it is spam mail, plain and simple. Neither does it serve your purposes. Whenever I hear your name again, I will remember it with annoyance, if not malice.
TO YOUR SYSADMIN/ADMIN/SUPPORT/ROOT/POSTMASTER, TO WHOM I AM CC'ing THIS MESSAGE:
This spam mail was either 1) sent by one of your users, 2) was sent directly from or explicitly bounced off of your servers, 3) contains an email address at your site, or 4) was forged to appear as if one of the above were true. Please terminate the offending account or block the offending site, as appropriate.
TO THE ORIGINATOR OF THE MESSAGE:
Although I realize that you have probably sent it from a fictitious address and that this reply to you will probably bounce, I am hereby serving notice that I do not wish to receive mail of this kind in the future from you or anyone else. Please remove my email address from whatever list you use to generate your mailings. Prove that you actually read mail as well as sending it out; make sure I don't get mail from you again. If you know of any effective "Do not e-mail" lists, take the trouble to add my address to them. Don't simply tell me to email you with a "remove" request; you know as well as I do that such messages merely confirm that you have reached a valid recipient and reinforce your spamming activity to the sucker in question.
This message from me constitutes notification that your failure to comply with this request may represent grounds for legal action for injury and damages to me. On February 3, 1997 Judge James L. Graham held that defendants' practice of continuing to send junk email to CompuServe email addresses, after having received repeated requests to stop doing so from CompuServe, constitutes an actionable trespass to chattel under law. I am now, like Compuserve, requesting that you stop sending me junk email. If you do not desist, you may suffer injunctions and award of substantial legal costs against you.
YOUR PLOY OF INCLUDING A STATEMENT OF COMPLIANCE WITH PROPOSED FEDERAL GUIDELINES FOR COMMERCIAL EMAIL is unconvincing and does not prevent your persistence in this offense from being actionable. First of all, most messages announcing compliance with the proposed standard do not actually comply. Removal instructions do not work and contact information directs the reader to bogus or inactive addresses, disconnected telephone numbers, etc. Second of all, the standard is merely a proposed one and is not likely to be passed by Congress in the face of mounting popular opposition. And third, the proposed standard governs only the initial unsolicited message you send to my address. You must comply with my request that you cease and desist from repeat mailings, which I hereby make in this reply to you. If you think you are on safe legal grounds, think again, and consult a good attorney.
Failure to heed this warning may also lead to prosecution placing you in jeopardy of fines, imprisonment and/or loss of telephone service. The Telecommunications Act of 1984 makes it a criminal offence to use any telecommunications system with intent to cause annoyance or distress. By US Code Title 47, Sec.227(a)(2)(B), a computer/modem/printer meets the definition of a telephone fax machine. By Sec.227(b)(1)(C), it is unlawful to send any unsolicited advertisement to such equipment. By Sec.227(b)(3)(C), a violation of the aforementioned Section is punishable by action to recover actual monetary loss, or $500, whichever is greater, for each violation. Furthermore, your persistence in sending me junk email after this request will be taken as your tacit agreement that jurisdiction shall be in the county and state of my residence and that you agree further to pay any and all cost in any collection action.
Thank you for your consideration.
home | tapetrading | tapelist | wishlist | psychiatric | links| a common book | blog
© 1999-2001 Eliot Gelwan. All Rights Reserved.