Proposed Self-Regulatory ISP Initiative

Assumptions

Furthermore, this instrument asserts that email and web sites go hand-in-hand. The greatest percentage of Unsolicited Bulk Email (UBE) promotes the web site of the advertiser or propagandist regardless of who actually sent the email; where the email originates; or route the email takes.

It is herein recognized that the beneficiary of the UBE and any third-party mailing services involved in the gathering of email addresses or the act of sending the UBE are jointly and severally responsible for violations. Therefore, both Advertiser and Mailer are deemed the Violator of this initiative. Additionally, Registrars, ISPs and/or the owners of any domains, servers or other equipment which freely allows, condones, or aids in the distribution of UBE could also be identified as Violators under the definitions of this instrument.

Definitions

An undeniable definition of Unsolicited Bulk Email (UBE), has been established for a long time. We reinforce definitions in this instrument to clearly identify conditions underwhich participating ISPs would suspend and/or block the domain addresses and/or IP numbers of the violators. See "http://www.UGNN.com/UCE/define_uce.html"

Truths about UBE

1. There is no legitimate UBE (spam)
2. Email is NOT a legitimate marketing tool, nor a "medium" for advertising
3. An individual's email in-box is private
4. The First Amendment does not extend to nor protect the Violator's right to send UBE
5. UBE Violators are willfully engaging in one or more criminal acts
6. UBE is larceny (theft), in some situations, Grand Larceny
7. The crime has been committed before the recipient opens the email
8. Legislation cannot regulate email
9. Law enforcement cannot stop UBE (1)
10. There are no legitimate Opt-in schemes (2)
11. Offering an "unsubscribe" address does not legitimize spam (3)
12. Placing "Advertisement" in the subject line does not legitimize UBE (4)
13. Personal spam filtering will not stop UBE (5)
14. The ISP is not "public" media channels, nor public domain (6)
15. People are unwilling and/or incapable of regulating themselves and abiding by what is considered to be proper and ethical etiquette

The mission of most UBE

1. identifying valid email addresses for the purpose of UBE propagation
2. driving traffic to advertising sponsored web pages
3. criminal activities such as identity theft, racketeering, fraud, child pornography, and other acts of crime as outlined in TITLE 18 of the Federal Code, and/or State and Local laws such as Virginia's TITLE 18.2 relating to computer crime, or Maryland's Title 14, Subtitle 30. (links to be added.)

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Footnotes:

1. This includes state legislation as well as federal.
2. except those where the marketer can show the recipient's written, signed approval.
3. nor make the spammer legitimate, whether the return address legitimate or not.
4. Placing "Advertisement" in the subject line, or special email headers does not legitimize UBE, nor qualify it as legitimate "advertising".
5. Personal spam filtering will not stop UBE. It's never effective and only masks the problem from the user.
6. Privately owned and regulated wide area computer networks are NOT qualified as "public" media channels, nor public domain