FTC Finds Affiliates and Hosts both responsible in spam case

[Jeff Chan <je...@surbl.org>]

This case gives CAN-SPAM some teeth to go after both affiliates
and the hosts they advertise.  It's also a precedent worth
mentioning to those who say they have no responsibility for their
affiliates.


  http://www.ftc.gov/opa/2005/11/globalnet.htm

For Release: November 17, 2005
Spammers Barred from Violating Federal Law

Operators Required to Keep Closer Eye on Affiliated E-mail
Programs 

Spammers who sent millions of illegal e-mail messages – including
sexually explicit messages – have paid $621,000 to settle Federal
Trade Commission charges that their practices violated federal
laws. The settlement will bar future violations and will require
the marketers to monitor their affiliates to assure they are
complying with federal laws, as well. 

According to the FTC complaint filed in January 2005, the
defendants sold access to sexually explicit Web sites through
spam. Four defendants control a network of corporations that own
and operate the Web sites, payment systems, and servers used to
distribute and sell sexually explicit content. One defendant was
an affiliate hired to market the content from the Web sites.
While the affiliate sent many of the e-mails that allegedly
violated federal law, under the CAN-SPAM Act all of the
defendants are responsible for the e-mails, including the
defendants who paid others to send the e-mails on their behalf.
[...]

Jeff C.
--
Don't harm innocent bystanders.