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spam complaint??



Anyone else get this message from xroads.com? This was received in response
to Barbara Coddington's post of this morning. There is one subscriber on
the list with them as an ISP. If anyone else has gotten this post, please
let me know.

Thank you.

Peter

>
>abuse@xroads.com wrote:
>
>> Your message has been flagged as unsolicited commercial email. (spam).
>> Senders of unsolicited commercial email are charged $500 for every
>> unsolicited commercial message passing through our system.
>> If your message was not unsolicited commercial email, please contact
>> sales@xroads.com so we can determine why your message was incorrectly
>> flagged.
>>
>> Additional unsolicited commercial messages will result in complaints
>> filed under the following, and other federal and local statutes.
>>
>>
>>      * UNITED STATES CODE
>>
>>           + TITLE 47 - TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
>>
>>                o CHAPTER 5 - WIRE OR RADIO COMMUNICATION
>>
>>                     # SUBCHAPTER II - COMMON CARRIERS
>>
>>
>>      _________________________________________________________________
>>
>>     =A7 227. Restrictions on use of telephone equipment
>>      * (a) Definitions
>>
>>        As used in this section -
>>           + (1) The term ''automatic telephone dialing system'' means
>>             equipment which has the capacity -
>>                o (A) to store or produce telephone numbers to be called,
>>                  using a random or sequential number generator; and
>>                o (B) to dial such numbers.
>>           + (2) The term ''telephone facsimile machine'' means equipment
>>             which has the capacity (A) to transcribe text or images, or
>>             both, from paper into an electronic signal and to transmit
>>             that signal over a regular telephone line, or (B) to
>>             transcribe text or images (or both) from an electronic signal
>>             received over a regular telephone line onto paper.
>>           + (3) The term ''telephone solicitation'' means the initiation
>>             of a telephone call or message for the purpose of encouraging
>>             the purchase or rental of, or investment in, property, goods,
>>             or services, which is transmitted to any person, but such
>>             term does not include a call or message (A) to any person
>>             with that person's prior express invitation or permission,
>>             (B) to any person with whom the caller has an established
>>             business relationship, or (C) by a tax exempt nonprofit
>>             organization.
>>           + (4) The term ''unsolicited advertisement'' means any material
>>             advertising the commercial availability or quality of any
>>             property, goods, or services which is transmitted to any
>>             person without that person's prior express invitation or
>>             permission.
>>      * (b) Restrictions on use of automated telephone equipment
>>           + (1) Prohibitions
>>
>>             It shall be unlawful for any person within the United States
>>             -
>>                o (A) to make any call (other than a call made for
>>                  emergency purposes or made with the prior express
>>                  consent of the called party) using any automatic
>>                  telephone dialing system or an artificial or prerecorded
>>                  voice -
>>                     # (i) to any emergency telephone line (including any
>>                       ''911'' line and any emergency line of a hospital,
>>                       medical physician or service office, health care
>>                       facility, poison control center, or fire protection
>>                       or law enforcement agency);
>>                     # (ii) to the telephone line of any guest room or
>>                       patient room of a hospital, health care facility,
>>                       elderly home, or similar establishment; or
>>                     # (iii) to any telephone number assigned to a paging
>>                       service, cellular telephone service, specialized
>>                       mobile radio service, or other radio common carrier
>>                       service, or any service for which the called party
>>                       is charged for the call;
>>                o (B) to initiate any telephone call to any residential
>>                  telephone line using an artificial or prerecorded voice
>>                  to deliver a message without the prior express consent
>>                  of the called party, unless the call is initiated for
>>                  emergency purposes or is exempted by rule or order by
>>                  the Commission under paragraph (2)(B);
>>                o (C) to use any telephone facsimile machine, computer, or
>>                  other device to send an unsolicited advertisement to a
>>                  telephone facsimile machine; or
>>                o (D) to use an automatic telephone dialing system in such
>>                  a way that two or more telephone lines of a multi-line
>>                  business are engaged simultaneously.
>>           + (2) Regulations; exemptions and other provisions
>>
>>             The Commission shall prescribe regulations to implement the
>>             requirements of this subsection. In implementing the
>>             requirements of this subsection, the Commission -
>>                o (A) shall consider prescribing regulations to allow
>>                  businesses to avoid receiving calls made using an
>>                  artificial or prerecorded voice to which they have not
>>                  given their prior express consent;
>>                o (B) may, by rule or order, exempt from the requirements
>>                  of paragraph (1)(B) of this subsection, subject to such
>>                  conditions as the Commission may prescribe -
>>                     # (i) calls that are not made for a commercial
>>                       purpose; and
>>                     # (ii) such classes or categories of calls made for
>>                       commercial purposes as the Commission determines -
>>                          @ (I) will not adversely affect the privacy
>>                            rights that this section is intended to
>>                            protect; and
>>                          @ (II) do not include the transmission of any
>>                            unsolicited advertisement; and
>>                o (C) may, by rule or order, exempt from the requirements
>>                  of paragraphs (FOOTNOTE 1) (1)(A)(iii) of this
>>                  subsection calls to a telephone number assigned to a
>>                  cellular telephone service that are not charged to the
>>                  called party, subject to such conditions as the
>>                  Commission may prescribe as necessary in the interest of
>>                  the privacy rights this section is intended to protect.
>>                  (FOOTNOTE 1) So in original. Probably should be
>>                  ''paragraph''.
>>           + (3) Private right of action
>>
>>             A person or entity may, if otherwise permitted by the laws or
>>             rules of court of a State, bring in an appropriate court of
>>             that State -
>>                o (A) an action based on a violation of this subsection or
>>                  the regulations prescribed under this subsection to
>>                  enjoin such violation,
>>                o (B) an action to recover for actual monetary loss from
>>                  such a violation, or to receive $500 in damages for each
>>                  such violation, whichever is greater, or
>>                o (C) both such actions. If the court finds that the
>>                  defendant willfully or knowingly violated this
>>                  subsection or the regulations prescribed under this
>>                  subsection, the court may, in its discretion, increase
>>                  the amount of the award to an amount equal to not more
>>                  than 3 times the amount available under subparagraph (B)
>>                  of this paragraph.
>>      * (c) Protection of subscriber privacy rights
>>           + (1) Rulemaking proceeding required
>>
>>             Within 120 days after December 20, 1991, the Commission shall
>>             initiate a rulemaking proceeding concerning the need to
>>             protect residential telephone subscribers' privacy rights to
>>             avoid receiving telephone solicitations to which they object.
>>             The proceeding shall -
>>                o (A) compare and evaluate alternative methods and
>>                  procedures (including the use of electronic databases,
>>                  telephone network technologies, special directory
>>                  markings, industry-based or company-specific ''do not
>>                  call'' systems, and any other alternatives, individually
>>                  or in combination) for their effectiveness in protecting
>>                  such privacy rights, and in terms of their cost and
>>                  other advantages and disadvantages;
>>                o (B) evaluate the categories of public and private
>>                  entities that would have the capacity to establish and
>>                  administer such methods and procedures;
>>                o (C) consider whether different methods and procedures
>>                  may apply for local telephone solicitations, such as
>>                  local telephone solicitations of small businesses or
>>                  holders of second class mail permits;
>>                o (D) consider whether there is a need for additional
>>                  Commission authority to further restrict telephone
>>                  solicitations, including those calls exempted under
>>                  subsection (a)(3) of this section, and, if such a
>>                  finding is made and supported by the record, propose
>>                  specific restrictions to the Congress; and
>>                o (E) develop proposed regulations to implement the
>>                  methods and procedures that the Commission determines
>>                  are most effective and efficient to accomplish the
>>                  purposes of this section.
>>           + (2) Regulations
>>
>>             Not later than 9 months after December 20, 1991, the
>>             Commission shall conclude the rulemaking proceeding initiated
>>             under paragraph (1) and shall prescribe regulations to
>>             implement methods and procedures for protecting the privacy
>>             rights described in such paragraph in an efficient,
>>             effective, and economic manner and without the imposition of
>>             any additional charge to telephone subscribers.
>>           + (3) Use of database permitted
>>
>>             The regulations required by paragraph (2) may require the
>>             establishment and operation of a single national database to
>>             compile a list of telephone numbers of residential
>>             subscribers who object to receiving telephone solicitations,
>>             and to make that compiled list and parts thereof available
>>             for purchase. If the Commission determines to require such a
>>             database, such regulations shall -
>>                o (A) specify a method by which the Commission will select
>>                  an entity to administer such database;
>>                o (B) require each common carrier providing telephone
>>                  exchange service, in accordance with regulations
>>                  prescribed by the Commission, to inform subscribers for
>>                  telephone exchange service of the opportunity to provide
>>                  notification, in accordance with regulations established
>>                  under this paragraph, that such subscriber objects to
>>                  receiving telephone solicitations;
>>                o (C) specify the methods by which each telephone
>>                  subscriber shall be informed, by the common carrier that
>>                  provides local exchange service to that subscriber, of
>>                  (i) the subscriber's right to give or revoke a
>>                  notification of an objection under subparagraph (A), and
>>                  (ii) the methods by which such right may be exercised by
>>                  the subscriber;
>>                o (D) specify the methods by which such objections shall
>>                  be collected and added to the database;
>>                o (E) prohibit any residential subscriber from being
>>                  charged for giving or revoking such notification or for
>>                  being included in a database compiled under this
>>                  section;
>>                o (F) prohibit any person from making or transmitting a
>>                  telephone solicitation to the telephone number of any
>>                  subscriber included in such database;
>>                o (G) specify (i) the methods by which any person desiring
>>                  to make or transmit telephone solicitations will obtain
>>                  access to the database, by area code or local exchange
>>                  prefix, as required to avoid calling the telephone
>>                  numbers of subscribers included in such database; and
>>                  (ii) the costs to be recovered from such persons;
>>                o (H) specify the methods for recovering, from persons
>>                  accessing such database, the costs involved in
>>                  identifying, collecting, updating, disseminating, and
>>                  selling, and other activities relating to, the
>>                  operations of the database that are incurred by the
>>                  entities carrying out those activities;
>>                o (I) specify the frequency with which such database will
>>                  be updated and specify the method by which such updating
>>                  will take effect for purposes of compliance with the
>>                  regulations prescribed under this subsection;
>>                o (J) be designed to enable States to use the database
>>                  mechanism selected by the Commission for purposes of
>>                  administering or enforcing State law;
>>                o (K) prohibit the use of such database for any purpose
>>                  other than compliance with the requirements of this
>>                  section and any such State law and specify methods for
>>                  protection of the privacy rights of persons whose
>>                  numbers are included in such database; and
>>                o (L) require each common carrier providing services to
>>                  any person for the purpose of making telephone
>>                  solicitations to notify such person of the requirements
>>                  of this section and the regulations thereunder.
>>           + (4) Considerations required for use of database method
>>
>>             If the Commission determines to require the database
>>             mechanism described in paragraph (3), the Commission shall -
>>                o (A) in developing procedures for gaining access to the
>>                  database, consider the different needs of telemarketers
>>                  conducting business on a national, regional, State, or
>>                  local level;
>>                o (B) develop a fee schedule or price structure for
>>                  recouping the cost of such database that recognizes such
>>                  differences and -
>>                     # (i) reflect the relative costs of providing a
>>                       national, regional, State, or local list of phone
>>                       numbers of subscribers who object to receiving
>>                       telephone solicitations;
>>                     # (ii) reflect the relative costs of providing such
>>                       lists on paper or electronic media; and
>>                     # (iii) not place an unreasonable financial burden on
>>                       small businesses; and
>>                o (C) consider (i) whether the needs of telemarketers
>>                  operating on a local basis could be met through special
>>                  markings of area white pages directories, and (ii) if
>>                  such directories are needed as an adjunct to database
>>                  lists prepared by area code and local exchange prefix.
>>           + (5) Private right of action
>>
>>             A person who has received more than one telephone call within
>>             any 12-month period by or on behalf of the same entity in
>>             violation of the regulations prescribed under this subsection
>>             may, if otherwise permitted by the laws or rules of court of
>>             a State bring in an appropriate court of that State -
>>                o (A) an action based on a violation of the regulations
>>                  prescribed under this subsection to enjoin such
>>                  violation,
>>                o (B) an action to recover for actual monetary loss from
>>                  such a violation, or to receive up to $500 in damages
>>                  for each such violation, whichever is greater, or
>>                o (C) both such actions. It shall be an affirmative
>>                  defense in any action brought under this paragraph that
>>                  the defendant has established and implemented, with due
>>                  care, reasonable practices and procedures to effectively
>>                  prevent telephone solicitations in violation of the
>>                  regulations prescribed under this subsection. If the
>>                  court finds that the defendant willfully or knowingly
>>                  violated the regulations prescribed under this
>>                  subsection, the court may, in its discretion, increase
>>                  the amount of the award to an amount equal to not more
>>                  than 3 times the amount available under subparagraph (B)
>>                  of this paragraph.
>>           + (6) Relation to subsection (b)
>>
>>             The provisions of this subsection shall not be construed to
>>             permit a communication prohibited by subsection (b) of this
>>             section.
>>      * (d) Technical and procedural standards
>>           + (1) Prohibition
>>
>>             It shall be unlawful for any person within the United States
>>             -
>>                o (A) to initiate any communication using a telephone
>>                  facsimile machine, or to make any telephone call using
>>                  any automatic telephone dialing system, that does not
>>                  comply with the technical and procedural standards
>>                  prescribed under this subsection, or to use any
>>                  telephone facsimile machine or automatic telephone
>>                  dialing system in a manner that does not comply with
>>                  such standards; or
>>                o (B) to use a computer or other electronic device to send
>>                  any message via a telephone facsimile machine unless
>>                  such person clearly marks, in a margin at the top or
>>                  bottom of each transmitted page of the message or on the
>>                  first page of the transmission, the date and time it is
>>                  sent and an identification of the business, other
>>                  entity, or individual sending the message and the
>>                  telephone number of the sending machine or of such
>>                  business, other entity, or individual.
>>           + (2) Telephone facsimile machines
>>
>>             The Commission shall revise the regulations setting technical
>>             and procedural standards for telephone facsimile machines to
>>             require that any such machine which is manufactured after one
>>             year after December 20, 1991, clearly marks, in a margin at
>>             the top or bottom of each transmitted page or on the first
>>             page of each transmission, the date and time sent, an
>>             identification of the business, other entity, or individual
>>             sending the message, and the telephone number of the sending
>>             machine or of such business, other entity, or individual.
>>           + (3) Artificial or prerecorded voice systems
>>
>>             The Commission shall prescribe technical and procedural
>>             standards for systems that are used to transmit any
>>             artificial or prerecorded voice message via telephone. Such
>>             standards shall require that -
>>                o (A) all artificial or prerecorded telephone messages (i)
>>                  shall, at the beginning of the message, state clearly
>>                  the identity of the business, individual, or other
>>                  entity initiating the call, and (ii) shall, during or
>>                  after the message, state clearly the telephone number or
>>                  address of such business, other entity, or individual;
>>                  and
>>                o (B) any such system will automatically release the
>>                  called party's line within 5 seconds of the time
>>                  notification is transmitted to the system that the
>>                  called party has hung up, to allow the called party's
>>                  line to be used to make or receive other calls.
>>      * (e) Effect on State law
>>           + (1) State law not preempted
>>
>>             Except for the standards prescribed under subsection (d) of
>>             this section and subject to paragraph (2) of this subsection,
>>             nothing in this section or in the regulations prescribed
>>             under this section shall preempt any State law that imposes
>>             more restrictive intrastate requirements or regulations on,
>>             or which prohibits -
>>                o (A) the use of telephone facsimile machines or other
>>                  electronic devices to send unsolicited advertisements;
>>                o (B) the use of automatic telephone dialing systems;
>>                o (C) the use of artificial or prerecorded voice messages;
>>                  or
>>                o (D) the making of telephone solicitations.
>>           + (2) State use of databases
>>
>>             If, pursuant to subsection (c)(3) of this section, the
>>             Commission requires the establishment of a single national
>>             database of telephone numbers of subscribers who object to
>>             receiving telephone solicitations, a State or local authority
>>             may not, in its regulation of telephone solicitations,
>>             require the use of any database, list, or listing system that
>>             does not include the part of such single national datebase
>>             (FOOTNOTE 2) that relates to such State.
>>
>>             (FOOTNOTE 2) So in original. Probably should be ''database''.
>>      * (f) Actions by States
>>           + (1) Authority of States
>>
>>             Whenever the attorney general of a State, or an official or
>>             agency designated by a State, has reason to believe that any
>>             person has engaged or is engaging in a pattern or practice of
>>             telephone calls or other transmissions to residents of that
>>             State in violation of this section or the regulations
>>             prescribed under this section, the State may bring a civil
>>             action on behalf of its residents to enjoin such calls, an
>>             action to recover for actual monetary loss or receive $500 in
>>             damages for each violation, or both such actions. If the
>>             court finds the defendant willfully or knowingly violated
>>             such regulations, the court may, in its discretion, increase
>>             the amount of the award to an amount equal to not more than 3
>>             times the amount available under the preceding sentence.
>>           + (2) Exclusive jurisdiction of Federal courts
>>
>>             The district courts of the United States, the United States
>>             courts of any territory, and the District Court of the United
>>             States for the District of Columbia shall have exclusive
>>             jurisdiction over all civil actions brought under this
>>             subsection. Upon proper application, such courts shall also
>>             have jurisdiction to issue writs of mandamus, or orders
>>             affording like relief, commanding the defendant to comply
>>             with the provisions of this section or regulations prescribed
>>             under this section, including the requirement that the
>>             defendant take such action as is necessary to remove the
>>             danger of such violation. Upon a proper showing, a permanent
>>             or temporary injunction or restraining order shall be granted
>>             without bond.
>>           + (3) Rights of Commission
>>
>>             The State shall serve prior written notice of any such civil
>>             action upon the Commission and provide the Commission with a
>>             copy of its complaint, except in any case where such prior
>>             notice is not feasible, in which case the State shall serve
>>             such notice immediately upon instituting such action. The
>>             Commission shall have the right (A) to intervene in the
>>             action, (B) upon so intervening, to be heard on all matters
>>             arising therein, and (C) to file petitions for appeal.
>>           + (4) Venue; service of process
>>
>>             Any civil action brought under this subsection in a district
>>             court of the United States may be brought in the district
>>             wherein the defendant is found or is an inhabitant or
>>             transacts business or wherein the violation occurred or is
>>             occurring, and process in such cases may be served in any
>>             district in which the defendant is an inhabitant or where the
>>             defendant may be found.
>>           + (5) Investigatory powers
>>
>>             For purposes of bringing any civil action under this
>>             subsection, nothing in this section shall prevent the
>>             attorney general of a State, or an official or agency
>>             designated by a State, from exercising the powers conferred
>>             on the attorney general or such official by the laws of such
>>             State to conduct investigations or to administer oaths or
>>             affirmations or to compel the attendance of witnesses or the
>>             production of documentary and other evidence.
>>           + (6) Effect on State court proceedings
>>
>>             Nothing contained in this subsection shall be construed to
>>             prohibit an authorized State official from proceeding in
>>             State court on the basis of an alleged violation of any
>>             general civil or criminal statute of such State.
>>           + (7) Limitation
>>
>>             Whenever the Commission has instituted a civil action for
>>             violation of regulations prescribed under this section, no
>>             State may, during the pendency of such action instituted by
>>             the Commission, subsequently institute a civil action against
>>             any defendant named in the Commission's complaint for any
>>             violation as alleged in the Commission's complaint.
>>           + (8) ''Attorney general'' defined
>>
>>             As used in this subsection, the term ''attorney general''
>>             means the chief legal officer of a State.
>>
>>
>>      _________________________________________________________________
>
>
>
>

>>     In schoen gebunden Buechern blaettert man gern.     <<

Peter D. Verheyen   <wk> 315.443.9937      <fax> 315.443.9510
<Email>                        mailto:pdverhey@dreamscape.com
<Webmaster>                http://www.dreamscape.com/pdverhey
<Listowner>       mailto:Book_Arts-L-request@listserv.syr.edu


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