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Goatse Mail To Spammer Ends In Police Citation

dthrall (894750) writes | more than 5 years ago

Idle 2

Dave (894750) writes "Locally, we have a happy hour event for Information Technology professionals to meet up and have a few drinks. Each month, it is hosted at a different location, and each month a different business sponsors the beer. As part of this event, there is an e-mail sign up for the actual happy hour mailing list to receive information about where the next event takes place and who is sponsoring it. The business where the event took place happened to take their own copy of this list and used it to start e-mailing me about their non-related promotions (Super Bowl, Mardi Gras, etc).

I replied nicely the first time with a title of 'UNSUBSCRIBE', the full original message (including the header showing which e-mail address the message was sent to), and quotes from the CAN-SPAM Act of 2003 which says that there must be a clear unsubscribe mechanism (which there was not), and that requests must be honored within 10 days. This past week, I received more promotional materials and replied with an attached image of goatse.

I was contacted today by an officer in reference to "Unlawful Use Of Computerized Communication Systems". I was told that this could be prosecuted under state criminal law but that "since I had cooperated and returned the officer's phone call", I will instead be issued a municipal citation (locally adopted state law, references the same exact legal code 947.0125) for $300.

I fully plan on going to my court date to contest the citation on principle, but I thought maybe some other slashdotters might have had similar experiences or may be able to provide me with some basis on which to fight this."

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law advice (1)

ssintercept (843305) | more than 5 years ago | (#26954235)

ianal or other soul eating denizen of hell, but i would go for a jury trial. big pic of the goatse for trial evidence and all. please keep us posted on this. if you lose you could get custom checks w/ the goatse on it to pay the fine.
i am available as a character witness for anyone who needs to game the system.

Evidence is key (1)

oldspewey (1303305) | more than 5 years ago | (#26974341)

Make sure you have all your evidence lined up for use in court: this includes proof that the mailing list has historically never been used for commercial purposes, proof that you never gave permission to the offending business, proof that you requested your address be removed, and most importantly several large, poster-sized enlargements of the goatse image for distribution to all courtroom participants and observers.
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