> On Dec 4, 2009, at 12:19, Ted Mittelstaedt <t...@ipinc.net> wrote: > > > That wouldn't ever happen because the whole point of the CAN-SPAM > > act is to allow the spammers to send out the "first" mail.
The CAN-SPAM spiel is an American phenomena that holds questionable relevance to the rest of the world (somewhat more significant than one Country). In the UK I'm more interested in the offences sending UBE/UCE commits under the Protection from Harassment Act, Section 42 of the Telecommunications Act and possible offences under the Data Protection and Computer Misuse Acts. CAN-SPAM or no CAN-SPAM, any 'legitimate' ESP assisting in such acts are equally guilty in UK law under the joint enterprise rules, although other than some minor success getting a couple of fixed penalty notices issued to UK companies sending UCE, I've yet to see a significant legal test.
