[rc5] Offence under US code Title 47, Sec 227(b) (1) (C)

Stuart Whelan stuartw at chhlth.govt.nz
Mon Oct 6 12:11:47 EDT 1997


At 07:50 AM 10/06/97 +1200, you wrote:
>I have recently received UNSOLICITED and UNWANTED junk e-mail from an
>individual who appears to be using your site.  A copy of that mail is
>attached herewith.  Junk Mail is now regarded as the same as unwanted
>and unsolicited junk faxes and telemarketing calls - all of which are
>now ILLEGAL under US federal law:
>
>     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, punishable by action to recover actual monetary
>     loss, or $500, whichever is greater, for EACH violation.
>

Dear Sir,

I have never sent you email, and regard your 'UNSOLICITED and UNWANTED'
email quite offensive.

If I do not recieve an apology from you, copied to my postmaster, and an
explaination for why I have recieved this threating message, I shall be
taking legal action under the US code Title 47, Sec 227(b) (1) (C) you have
quoted above.

I have placed a copy of your 'UNSOLICITED and UNWANTED' junk email below,
for your reference.

Have a nice day.

 --- Copy of offending material follows ---

X-Sender: icepick/pclink.com at localhost
X-Mailer: QUALCOMM Windows Eudora Light Version 3.0.3 (32)
Date: Mon, 06 Oct 1997 07:50:05 +1200
From: Icepick  <rc5 at llamas.net>
To: abuse at chipsworld.llamas.net, postmaster at chipsworld.llamas.net,
        abuse at llamas.net, owner-rc5 at llamas.net, postmaster at llamas.net,
        rc5 at llamas.net, abuse at metronet.de, postmaster at metronet.de,
        abuse at mindspring.com, nagf2 at mindspring.com, postmaster at mindspring.com,
        icepick at pclink.com, abuse at post.com, postmaster at post.com,
        abuse at smtpgate.chhlth.govt.nz, ChrisG at smtpgate.chhlth.govt.nz
Subject: [rc5] Offence under US code Title 47, Sec 227(b) (1) (C)

I have recently received UNSOLICITED and UNWANTED junk e-mail from an
individual who appears to be using your site.  A copy of that mail is
attached herewith.  Junk Mail is now regarded as the same as unwanted
and unsolicited junk faxes and telemarketing calls - all of which are
now ILLEGAL under US federal law:

     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, punishable by action to recover actual monetary
     loss, or $500, whichever is greater, for EACH violation.

Please ensure this is stopped NOW.  You have been put on notice.  If you
confirm to me promptly that effective action has been taken against those
persons responsible, I will not take the matter further on this occasion.

If you do not provide me with such confirmation in a timely manner, or if
ANY further UNSOLICITED or UNWANTED junk mail should be received from your
site, I will instruct my attorney to issue a writ WITHOUT FURTHER NOTICE,
and the matter will then be pursued under federal law.  I will separately
notify your upstream providers as they may also be liable for violations
originating from your site.



 --- Copy of offending material follows ---
Received: from ghs1.greenheart.com (GHS1.greenheart.com [206.55.131.1]) by
pclink.com (8.8.5/8.6.9) with ESMTP id MAA07300 for <icepick at pclink.com>;
Sun, 5 Oct 1997 12:17:18 -0500
Received: from Default (p28.hwts16.loop.net [207.211.63.43]) by
ghs1.greenheart.com (8.8.5/8.8.5) with SMTP id JAA31217; Sun, 5 Oct 1997
09:57:58 -0700
Date: Sun, 5 Oct 1997 09:57:58 -0700
To: nagf2 at mindspring.com
From: nagf2 at mindspring.com (BC and Co.--)
Comments: Authenticated sender is <nagf2 at mindspring.com>
Reply-to: nagf2 at mindspring.com
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Message-Id: <199710054225MAA36120 at post.com>
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Cheers!
Stuart Whelan.
stuartw at chhlth.govt.nz
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