The recently passed CAN SPAM law has a provision that deals out HARSH penalties to Paysite programs/email programs who have an affiliate or affiliates who spam. Even if the spammer is unknown, there are provisions in the law that subject the affiliate programs to lawsuits and/or fines. I suggest that paysite unite to hire an attorney to challenge that portion of the law and have it declared void. It's been done successfuly by adult company with the Communications Decency Act. Plus, AEBN and some other players have united against ACACIA currently.
Now online companies can and SHOULD do it again with CAN SPAM. The vicarious liability issue is RIDICULOUS. Best thing that can happen is that section gets declared void. Worst thing that can happen is the courts issue realistic guidelines/limits on its operation. Adult Companies UNITE... or die separately.
Now online companies can and SHOULD do it again with CAN SPAM. The vicarious liability issue is RIDICULOUS. Best thing that can happen is that section gets declared void. Worst thing that can happen is the courts issue realistic guidelines/limits on its operation. Adult Companies UNITE... or die separately.
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