BigTech is overflowing with extreme-leftist bias - especially with their
social media fact-checkers - and (to a lesser extent) this bias
overflows into their spam filtering and search results - HOWEVER - the
RNC and so many right-wing politicians are among the WORST to try such a
lawsuit because the RNC, and many of their affiliates, spam like crazy
and are OFTEN using shady-as-hell practices, such as using crappy third
party senders who sent to 100% purchased lists, in addition to sending
from newly-bought domains with zero reputation. It's a cesspool. And
they make some of the most unethical low-rent ESPs wealthy in the
process. The owners of some of those of those ESPs are spoiled rotten
rich brats who think that rules don't apply to them. Likewise, every
time I'm dealing with their spam, and I think about the CEOs of these
shady ESPs they're using - I get this image in my mind of one or another
of the shady drug dealers in the movie, Boogie Nights. THAT is who they
really are! (I have inside info about them - this is a good summary of
what these people are like!)
I do know of a few ethical ESPs that cater to conservative politicians
and who do send ethically/correctly - but they are few and far between.
Ironically, that the RNC tried this complaint - will only make the
leftist bias from BigTech - worse!
Likewise, the Republican bill to unravel 47US230 - is a total disaster -
and all co-sponsoring that are either idiots are didn't even hardly read
it. 47US230 probably needs improvement because it's somewhat abused -
but their proposed fix utterly fails to understand how much 47US230
protects antispam and antimalware "good guys" from being run out of
business bu frivolous slapp lawsuits. Everyone will suffer greatly if
47US230 is altered or replaced in an unwise way.
Rob McEwen, invaluement
------ Original Message ------
From "Anne Mitchell via mailop" <mailop@mailop.org>
To "Gellner, Oliver via mailop" <mailop@mailop.org>
Date 8/26/2023 2:29:46 PM
Subject [mailop] RNC v. Google Dispositioin
I'm surprised that nobody has mentioned this here, because it was a big win for
Gmail plus has language which is applicable to any ISP.
In the order (in which the RNC complaint was dismissed) the court basically not
only smacked down the RNC, but made clear that the Communications Decency Act
(i.e. Federal Law) was developed in part to:
"encourage the development of technologies which maximize user control over what
information is received by individuals, families, and schools who use the Internet and
other interactive computer services"
..and the court goes on to say that "Permitting suits to go forward against a
service provider based on the over-filtering of mass marketing emails would discourage
providers from offering spam filters or significantly decrease the number of emails
segregated. It would also place courts in the business of micromanaging content providers
filtering systems in contravention of Congresss directive that it be the provider or user
that determines what is objectionable".
There's a lot more, it's a great opinion (full text of the court order is
included in our article):
https://www.isipp.com/blog/rnc-v-google-republican-national-committee-gets-smacked-down-by-court-full-text-of-order-here/
Anne
---
Anne P. Mitchell
Attorney at Law
Email Law & Policy Attorney
CEO Institute for Social Internet Public Policy (ISIPP)
Author: Section 6 of the CAN-SPAM Act of 2003 (the Federal email marketing law)
Author: The Email Deliverability Handbook
Board of Directors, Denver Internet Exchange
Dean Emeritus, Cyberlaw & Cybersecurity, Lincoln Law School
Prof. Emeritus, Lincoln Law School
Chair Emeritus, Asilomar Microcomputer Workshop
Counsel Emeritus, eMail Abuse Prevention System (MAPS)
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