Legal Question in Technology Law in Illinois

''spamming'' on newsgroups provided by your own ISP

An ISP provides in its program various newsgroups which can be downloaded and then any subject can be read and responded to. I placed an ad much the same as others I read in those newsgroups, promoting my website. My website is not unique; it is one of many who subscribe to one sponsor that is hoping to make a big success on an idea about the internet. We know spamming is not legal, but our ad in our ISP's newsgroups created a problem in that we were accused of spamming. Why? Our ISP provides us with newsgroups and we can't use it to sell a product?


Asked on 6/13/01, 7:02 pm

2 Answers from Attorneys

Kevin Thompson Davis McGrath LLC

Re: ''spamming'' on newsgroups provided by your own ISP

Without more information, it is difficult to answer your question.

It appears that you are referring to regular Internet newsgroups, access to which are merely provided to you by your ISP. Many different ISP's will provide access to these newsgroups which are carried internationally. Postings to these groups usually are considered spam if the message does not pertain to the topic discussed in the group, or if it violates the rules of that particular group for commercial-themed messages to be posted. If these are actually newsgroups provided by your ISP exclusively, there could be similar restrictions on the subject matter as well. Without more information, it is difficult to answer your question more completely.

If you would like a more detailed answer, I will be happy to chat with you if you are located in Illinois. Please email me if that interests you.

Thanks,

Kevin Thompson

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Answered on 6/28/01, 1:32 pm
Bruce Burdick Burdick Law Firm

Re: ''spamming'' on newsgroups provided by your own ISP

I agree with the prior post. Spam via a newsgroup is still spam. I know I hate receiving spam via a listserv or newsgroup even worse than receiving it via out-of-the-blue email. There are numerous anti-spamming laws and regulations. I don't think you should do it. Be careful, you are on thin ice and thin skins when you spam newsgroups. This is a sensitive topic and there are many who would want to punish you for commercializing a non-commercial newsgroup.

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Answered on 6/28/01, 5:35 pm


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