Us Code Title 47, Sec.227(a)(2)(b)

**TCH-Dick** · June 5, 2004

Well I got one one of those lovely emails today, that I simply hate. I'm talking about the type of email that everyone forwards without giving one thought about if it is fact or fiction.

Here is part of the email.

Pursuant to US Code Title 47, Sec.227(a)(2)(B.)

A "telephone facsimile machine" is defined as:

"equipment which has the capacity to transcribe text or images (or both) from an electronic signal received over a regular telephone line onto paper."

Under this definition, an e-mail account, modem, computer and printer together constitute a fax machine.

For those of you that have never seen this, the blue line is not part of this FCC law.

This law has proved successful for some by being stretched to include email spam. Keep in mind that these were cases presented in Local or State small claims courts. Those that have been presented to Federal courts have not been enforced. The simple reason is that this law is for junk faxes not email.

I have also seen several websites include this false statement on their site. These people have even included the following statement.

Pursuant to US Code, Title 47, Chapter 5, Subchapter II, p.227, anyone who sends unsolicited commercial e-mail to anyone within the ********.com or ****.com domains and/or server(s) will be charged a $500 download, archival, and processing fee. E-mailing denotes acceptance of these terms. You will be contacted, and a bill submitted. If the bill is not paid then a collection will be on your credit report. Therefore do not mailbot or spam thissite,domain, and/or server(s). ********.com and ****.com addresses are for customers only. They are not for unwanted marketing.

As much as we would all like to run around handing out tickets like renegade Spam Cops, we can't. You can try suing based on this law but good luck. Some state do provide Spam laws but that does not allow you to bill someone.

In closing, Please don't believe everything you read, do some research.

http://www4.law.cornell.edu/uscode/47/227.html

http://www.spamlaws.com/us.html