- Jurisdiction
- US Federal Law
I hope that I am inserting this thread in the right category. I have a question regarding the Can Spam Act and harvesting emails. My question is, according to the law, is harvesting emails breaking the Can Spam Act or is this considered an aggravating circumstance that could enhancing sentencing? Here is the text in question:
(2) REQUIREMENTS.--In carrying out this subsection, the Sentencing Commission shall consider providing sentencing enhancements for-- (A) those convicted under section 1037 of title 18, United States Code, who-- (i) obtained electronic mail addresses through improper means, including- (I) harvesting electronic mail addresses of the users of a website, proprietary service, or other online public forum operated by another person, without the authorization of such person; and (II) randomly generating electronic mail addresses by computer; or (ii) knew that the commercial electronic mail messages involved in the offense contained or advertised an Internet domain for which the registrant of the domain had provided false registration information; and...
The entire text can be found here. I read this as an aggravating circumstance that could enhance sentencing. However, like every other topic, the Internet has mixed opinions on this issue. The text seems pretty clear. However, I am probably missing something.
I understand that harvesting emails is never a good thing to do. That isn't in question. But does the Can Spam Act makes the act of harvesting emails a crime? Thanks.
(2) REQUIREMENTS.--In carrying out this subsection, the Sentencing Commission shall consider providing sentencing enhancements for-- (A) those convicted under section 1037 of title 18, United States Code, who-- (i) obtained electronic mail addresses through improper means, including- (I) harvesting electronic mail addresses of the users of a website, proprietary service, or other online public forum operated by another person, without the authorization of such person; and (II) randomly generating electronic mail addresses by computer; or (ii) knew that the commercial electronic mail messages involved in the offense contained or advertised an Internet domain for which the registrant of the domain had provided false registration information; and...
The entire text can be found here. I read this as an aggravating circumstance that could enhance sentencing. However, like every other topic, the Internet has mixed opinions on this issue. The text seems pretty clear. However, I am probably missing something.
I understand that harvesting emails is never a good thing to do. That isn't in question. But does the Can Spam Act makes the act of harvesting emails a crime? Thanks.
