Posted on 06/01/2005 10:04:20 PM PDT by Salvation
by Peter Mirus, special to CatholicCulture.org
June 1, 2005
Well, youll be happy to know that the Federal Government of the United States has intervened with the CAN-SPAM Act of 2003. In addition, 36 of the 50 states in that country have enacted legislation that, in one form or another, prohibits the sending of unsolicited email. For full coverage of SPAM laws both in the US and abroad, visit www.spamlaws.com.
For right now Ill avoid mentioning OK, Ill go ahead and mention it these laws have done NOTHING. I get more spam than ever before. My friends, neighbors and relatives get more. The SPAM is no less obnoxious, there is no less pornography, and there are no disclaimers in the subject line about what the message contains.
The Problem with Spam Laws
In short, with rare exception these anti-SPAM laws, in overall effectiveness and often in the manner in which they are drafted, are no more than eye candy designed to make naïve voters happy and keep politicians in office.
Perhaps one of the states that you would expect to be included on this list as having enacted an effective anti-SPAM law dealing specifically with pornography is the state of Utah. Viewed by most as being a traditionally conservative state with a high Mormon population (app. 69%), high fertility rate, etc., we expect these kinds of developments from Utah.
Utah did have a spam law, a fairly specific one that made it very prohibitive to send unsolicited email, particularly with sexual content, to any Utah resident. The statute was in force from 2002 2004, when it was repealed for a variety of reasons one of which (allegedly) is that the courts were swamped with SPAM related lawsuits. Some claimed that the law was too vaguely written. After the CAN-SPAM act was enacted in January 2004, effectively trumping the local state laws, there really wasnt any need to put up state funds to enforce a federal bill.
Recently, new legislation was passed in Utah to help its citizens, demanding that Internet Service Providers block or provide filtering for a list of sites designated to be pornographic by the state. Now Utah Attorney General Mark Shurtleff has halted efforts to implement the law while he waits for a coalition of attorneys to present a legal challenge. The attorneys are associated with the Center for Democracy and Technology, the American Civil Liberties Union, and lawyer Michael Bamberger who has previously represented various pornography publishers including Playboy.
Things Arent Looking Up
For all Catholics (and anyone else) who are hopeful that legislation will end their inbox or browser nightmares, I advise you to curb your enthusiasm. First of all, I am highly skeptical that any state or federal legislation that is effective enough to stand up against the specter of First Amendment and Commerce Clause based lawsuits. Efforts to ban or limit pornography in other mediums have met with similar problems.
Second, I just dont think that a majority of lawmakers in the United States view it as being in the state or countrys best interests. It is always nice to earn credit by voting for such a bill when you are confident that it will be vetoed, or abolished or significantly amended under pressure from the judiciary branch that we all know and love so well.
Third, this is a global problem that at least right now is simply out of control, and current legislation is virtually unenforceable due to lack of funding, lack of courtroom space, and jurisdictional issues.
What Fertility Has To Do with SPAM and Politics
So now that Ive crippled your dreams, am I going to shed some positive light on the moral future of our country? OK. There is one thing to ponder that relates to our future hope and the wellbeing of morality in the United States and elsewhere. I touched on it earlier: fertility rates.
During the last two presidential elections here in the US, but particularly the most recent one, we started to hear a little bit more about how the Christian, and particularly Catholic, vote affected the Bush victory. Something that got a little less coverage is how religious attitude relates to fertility rates. So here are some facts for you to consider:
And general population statistics, election results and exit polls indicate strongly that similar figures were at play in Bushs 2004 defeat of John Kerry.
Youll Go a Long Way, Baby
My point is only that the religious will be the inheritors of this country. If you live in Utah, and contribute to the highest fertility rate in the country, consider yourself a winner. Your children will most likely follow in your shoes.
If you live in Vermont, and are a socialist contributing to the lowest fertility rate in the country, your days are numbered.
If these statistics continue to increase in disparity rather than decrease, and if you are relatively young right now, your children will be living in a more conservative America than you do, and your grandchildren will really start to see the rewards in increased common sense, decency, and family values.
Today, legislation isnt the answer. But it turns out that you can fight pornographic SPAM, and other social ills, simply by being a faithful, fertile Catholic.
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I've often said that the best way to combat spam is to fine the companies that the spam advertises for. Forget about going after the spammers themselves.
I suppose one could worry about a competing company sending out spam for another company, in order to get their competition in trouble. That would be easy enough to prove though, given the order originally placed by the competition. At any rate, with a sharp decline in demand (on the advertising end) for spam, all those spammers would dry up and close up shop, so there probably wouldn't be that much corporate espionage.
Other than that, it's a perfect plan! If the UN could just get everyone in their little debate society to just agree to THIS, then they'd actually prove a little worth in my eyes.
Of course it's not going to work though, because, well it's just too simple.
Interesting tie in with fertility rates being the best long term solution to a lot of moral ills also. I've never thought of that. Something to be happy about, to be sure (if the numbers are right).
It can be a REAL pain!
Thanks for that suggestion.
**... It is pretty much unavoidable.**
Send multi users messages by using the BCC option. Then all the addresses and names aren't out there.
In the To: spot -- send it to yourself or (Undisclosed Recipients)
Excellent suggestions!
**I've often said that the best way to combat spam is to fine the companies that the spam advertises**
That would be outstanding! Especially with the pop ups.
Yes, but...
It is the other people sending out messages with my Email address included, not me.
bttt
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