Unsolicited E-Mail
Utah Law
Definitions
What is spam?
Is spam legal?
Is it legal to send spam to a child?
Are you being charged for viewing a site that the e-mail said was free?
Why am I receiving porn spam?
What should I do when I receive porn spam?
Where to file complaints about porn spam?
Who should I contact if the spam contains child pornography?
How can I stop spammers from spamming me?
How do I identify the spammer's ISP and how do I contact them?
There is an icon to an adult web site on my desktop. Where did it come from? How do I remove it?
When I log onto the Internet, my computer automatically goes to an adult web site. How do I stop this from happening?
When the e-mail opened, it took me directly to an adult web site and when I tried to close the page, it immediately opened another adult web site and would not let me exit. How do I get out of that loop?
Where can I find more information about spam?
Unsolicited E-mail is a form of speech and is protected by the First Amendment. This means the government cannot prohibit spam; it can only regulate it. Many states, including Utah, have passed laws regulating spam.
In the 2002 General Session, the Utah Legislature passed the "Unsolicited Commercial and Sexually Explicit E-mail Act," Title 13, Chapter 36, U.C.A. This law does not prohibit spam, it merely regulates it.
It is illegal to send sexually explicit E-mail from a computer located in Utah or to a Utah E-mail address if the sender
- Fails to state their name, street address and Internet domain name
- Fails to include "ADV:ADULT" as the first nine characters in the subject line
- Fails to provide a valid E-mail address to allow recipient to notify the sender not to send future E-mail
- Fails to include a notice in the message informing the recipient of the recipient's right to be excluded from future E-mail
- Uses a third party's E-mail address (domain name) without the party's consent
- Misrepresents information identifying the point of origin or the transmission path
- Fails to include information necessary to identify the point of origin
- Sends an E-mail after receiving a notice not to send future E-mails
Note: This law only applies when the sender has some reason to believe the E-mail is being sent to Utah. The information must be available through the registrant of the domain name contained in your E-mail address or some other source available to the public.
This law protects individuals from involuntarily being exposed to sexually explicit material. Individuals will know the material is sexually explicit and can decide if they want to open and view the sexually explicit material. Individuals will also be able to filter out the sexually explicit E-mail if they choose. This will allow parents to protect their children from exposure to material that is inappropriate for a minor.
Please remember it is illegal to distribute "obscenity" (hard core pornography) and child pornography, even by spam. It is also illegal to give adult material to a minor if the giver has reason to know the person receiving the material is a minor.
How to use this law:
You may personally file a civil law suit against the sender or the person or business causing the E-mail to be sent
- For actual damages; or
- The lesser of $10 per E-mail or $25,000 per day that the violations occur; and
- For attorney fees and costs.
You may ask your ISP to file a civil law suit against the sender or the person or business causing the E-mail to be sent
- For actual damages; or
- The lesser of $10 per E-mail or $25,000 per day that the violations occur; and
- For attorney fees and costs
You may ask your city prosecutor to investigate and file charges if probable cause exists to believe a crime has been committed.
Unsolicited E-mail: the messages you receive from sources you did not give permission to send you E-mail.
Spam: Unsolicited E-mail.
Spammer: Someone who sends unsolicited E-mails.
Porn Spam: An unsolicited E-mail containing sexually explicit material or links to sexually explicit sites.
ISP: Internet Service Provider. This is the network you personally go through to use the Internet. A common example is America Online (AOL).
Headers: the part of a message that describes the original sender, the recipient and the path the message took to reach you.
Spam is an informal term used for unsolicited commercial electronic mail messages. Spam is usually sent as a bulk E-mail, which means the same message, is sent to hundreds or even thousands of people. If the spam contains sexually explicit material (also referred to as "adult" material or pornography) or contains links to Web sites containing this type of material, the spam is called "porn spam." Porn spam is a growing concern among the citizens of Utah. It is the number one complaint filed with the Obscenity and Pornography Complaints Ombudsman. Every day calls come in asking "How do I stop these horrible E-mails?" and "I have never accessed this type of material. How did they get my address?" Many people allow their children to have access to a family E-mail account and they are concerned their children will be exposed to porn spam. They are also concerned because more and more time and money is being consumed opening and deleting porn spam.
Because spam - like junk mail - is a form of speech, it is protected by the First Amendment. This means the government cannot prohibit spam, it can only regulate it. It is, however, against state and federal law to distribute "obscenity" (hard core pornography) and child pornography by any means, including E-mail.
Is it legal to send spam to a child?
There are no laws that prohibit spammers from sending spam to children. However, both state and federal law prohibit giving material harmful to a minor to a person the giver knows to be a minor. It is also illegal to sexually solicit a minor over the Internet. Because most spammers do not know the age of the person they are spamming, it is difficult to prove they knowingly violated the law.
Are you being charged for viewing a site that the E-mail said was free?
The Federal Trade Commission reports that a common scam used by spammers is to send E-mail advertising a pornography site that states the individual can view the content for free by downloading a "viewer" or "dialer" program. Once the program is installed on your computer, it can disconnect your Internet and reconnect you to an international long distance number with rates ranging from $2 to $7 a minute. The content may be free, but getting to it is not. Be very cautious about "free" sites. Read all the terms and agreements carefully. The terms are usually in very small print on a separate page. If a dialog box appears on your computer screen and shows that it is dialing a new number, cancel it immediately. Check the number to see if it is long distance and then decide if you wish to proceed. If you receive one of these E-mails or you have unauthorized charges on your phone bill as a result of downloading one of these programs, file a complaint with the FTC.
There are a number of ways spammers get names and addresses to use for spamming. Some of these methods are as follows:
- Collecting your information when you visit their Web site. However, you need to understand you do not have to visit a pornographic site in order to be put on a spamming list.
- Using software programs that search for and collect valid E-mail addresses in public forums such as member directories of ISP's, white pages, newsgroups, chat rooms and Web sites. Anytime you list your address so friends can find you, it also allows spammers to find you.
- Purchasing a list from someone else.
- Using an automated program that creates E-mail addresses like a phone book: DoeA@aol.com, DoeB@aol.com, etc. The spammer knows many of these addresses will be invalid but it doesn't cost any more to send them so they will try.
What should I do when I receive porn spam?
If you believe the porn spam you received is illegal, you should take the following action(s):
- Do not reply to the spam or try to unsubscribe. If you respond or unsubscribe to the spam you are telling the spammer that your E-mail address is valid. Many will continue to send spam and may even sell your address to other spammers.
- Report it to the Federal Trade Commission. The FTC maintains a database of unwanted, misleading, deceptive messages and E-mail that has an invalid unsubscribe option.
Note: The FTC does not resolve individual consumer problems. However, your complaint can lead to law enforcement action against a specific business.
- If it appears to be child pornography: Forward the E-mail with its complete header to the appropriate agencies.
- If the E-mail is sexually explicit or contains links to sexually explicit material and was unsolicited (a violation of Title 13, Chapter 36, U.C.A., Unsolicited Commercial and Sexually Explicit E-mail Act):
1. Forward the E-mail with its complete header to the appropriate agencies.
2. Ask your ISP to file a lawsuit against the spammer.
3. File your own lawsuit against the spammer.
- If it is obscene/pornographic or links to obscene/pornographic material: Forward the E-mail with its complete header (for instructions on finding the full header, to the appropriate agencies.
- Just delete it. You always have the right to simply delete the message.
Where do I file my complaints about porn spam?
1. Your Internet Service Provider (ISP)
This is the network that you personally go through to use the Internet.
2. The sender's Internet Service Provider (ISP)
Some common examples are America Online (AOL), Prodigy and Qwest. Please remember that most ISP's are quite responsible and don't want their network being used to send porn spam. Most ISP's have policies prohibiting spamming and will discontinue the spammer's account. Forward the offensive E-mail with full headers and a polite note explaining that the sender is abusing their network, and ask them to take action against the sender.
3. Federal Trade Commission
Send a copy of your unsolicited E-mail, with the full header, to uce@ftc.gov.
If you tried to "remove" or "unsubscribe" to the E-mail and your request was not honored or the link did not work, go to http://www.ftc.gov and fill out their online complaint form.
4. A private attorney
You may contact the Utah State Bar for a referral.
5. Your local prosecutor and police department
Reports can be filed with the local city prosecutor and police department in the city where the E-mail was received. If you are in an unincorporated area, you can file your complaint with the county prosecutor and sheriff's office.
U.S. Attorney Brent L. Tolman
Paul M. Warner
U.S. Attorney's Office
District of Utah
185 South State Street #400
Salt Lake City, UT 84111
Phone: 801- 524-5682
US Attorney General Michael B. Mukasey
U.S. Attorney Mukasey
U.S. Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001
Web site: http://www.usdoj.gov
E-mail: AskDOJ@usdoj.gov
Phone: 202-353-1555
Who Should I Contact If The Spam Contains Child Pornography?
Child Pornography: Report child pornography, a child being sexually solicited, a child receiving sexually explicit material from someone who knows the child is under 18 or any other sexual exploitation of a child to:
Utah Internet Crimes Against Children Task Force
Phone: 801-596-0907 or (800) 932-0190
E-mail: utahicac@hotmail.comU.S. Customs Service
U.S. Customs Child Exploitation Unit states, "The presence of child pornography on the INTERNET is a disturbing and growing phenomenon. With your help we hope to reverse this trend and eliminate this type of material from the information superhighway and bring the people responsible for its possession, production and distribution to justice." 1 To file a complaint about a Web site you believe contains child pornography, or a chat room or an individual you suspect is involved in child pornography, call toll free 1-800-BE-ALERT or notify Cybertipline at the National Center for Missing and Exploited Children: http://www.missingkids.com/cybertip.
For additional information about U.S. Customs go to http://www.customs.gov/enforcem/child.htm
NOTE: DO NOT DOWNLOAD CHILD PORNOGRAPHY. MERE POSSESSION OF THIS MATERIAL IS A VIOLATION OF STATE AND FEDERAL LAW.
How can I stop spammers from spamming me?
There is no way to completely protect yourself from spam, but you can take steps to limit the amount of spam you receive. Porn spam may be sent by someone who opens a temporary E-mail account, sends out the spam and then closes the account. It may also be sent by someone who uses a fake address. This makes it very difficult to find the sender. However, there are some steps you can take to protect yourself.
- Notify the Web site or company responsible for the spam and tell them you do not want to receive sexually explicit E-mail in the future. Attach a copy of the state law, Title 13, Chapter 36, U.C.A., Unsolicited Commercial and Sexually Explicit E-mail Act.
- Every time you receive spam, notify your ISP and ask them to block all future e-mail from the sender. Send your ISP the full header, subject line and the full text message along with a statement that the E-mail was unsolicited. Your ISP has the right and ability to stop known spammers.
- Be cautious about giving out your E-mail address to any Web site, chat room, or member directory. If it is listed on a Web page, only list it once. Read the fine print, usually found at the bottom of the Web page in a link called the "privacy statement," before setting up any "member account," subscribing to any service, or giving out any personal information. Web sites often compile lists of addresses of people who either subscribe to their services or visit their site; usually, they do so for legitimate reasons like keeping in touch with their customers, but some simply sell these lists to the highest bidder.
- Don't open E-mail messages from senders you don't know.
- Filter all incoming E-mails. ISPs often have a filtering program, which will block unsolicited E-mails. If your ISP doesn't provide server-level filters, ask them to consider it. There are also some good software programs available that filter E-mail. When selecting a filter, make sure the program has features to filter E-mail. They are not 100 percent effective, but many do a good job of eliminating most of the porn spam being sent to you.
- Have your name removed from direct marketing lists. The Direct Marketing Association provides an E-mail Preference Service that allows you to "opt-out" of receiving unsolicited commercial E-mail. Send your request to be removed from all E-mail marketing lists to www.e-mps.org. Your request will be effective for one year. Not all businesses use this service so registering with them will not stop all unsolicited E-mails.
- Terminate your E-mail account and set up a new one. This is the only sure way to stop spam once you start receiving it. Once you have your new account, be careful about the Web sites you visit, do not give your E-mail information to any commercial accounts and do not go into chat rooms. Also, choose an E-mail name that is very different to make it difficult for automated programs to come up with your address.
CAUTION: DON'T RETALIATE AGAINST THE SPAMMER WITH MALICIOUS E-MAIL, PHONE CALLS, ETC. NOT ONLY MAY THIS BE ILLEGAL, BUT SPAMMERS OFTEN FORGE THE RETURN ADDRESS ON E-MAIL ALONG WITH THE PERSONAL INFORMATION IT CONTAINS. YOUR IRATE RESPONSE WILL EITHER COME BACK AS "INVALID ADDRESS" OR WILL END UP HARMING AN INNOCENT BYSTANDER.
How do I identify the spammer's ISP and how do I contact them?
The sender of E-mail can usually be found if the E-mail is not sent through a remailer. Remailers erase the sender's identifying information found in the header.
1. Identify the domain name.
To identify the spammer's ISP, look for the domain name in the E-mail address. The domain name is the part after the @ sign. For example, in janedoe@utah.gov, "utah.gov" is the domain name.
In the spammer's Internet address, the domain name is the part after the www, for example, http://www.utah.gov/pretendpage.html, the domain is "utah.gov."
If the E-mail address doesn't show the @domain and the links in the porn spam message are just a line of numbers, you will have to translate them into a "normal" IP address. You can do this by going to http://www.abuse.net/cgi-bin/unpackit and using their translator.
2. Capture the header information.
Many times, the E-mail address is a fake. It may even be the address of an innocent person who has no idea their address has been used in such a manner. Obtaining the "header" information is necessary to help verify the identity of the sender.
Headers: The header lists the complete path the E-mail took to reach you. Each computer the E-mail passed through will attach information on where the E-mail came from, the machine it came from, and the date and time it passed through. Every computer that communicates over the Internet is assigned as IP address (IP stands for Internet Protocol) that uniquely identifies it from other computers on the Internet. The IP address will look something like [168.180.96.41]. The newest information in the header is always placed on top. This means your domain address, as the last computer to receive the E-mail, will be at the top and the sender's domain address will usually be at the bottom of the list with its IP address in brackets right next to it. Each transfer will have a date and time so you can verify the order.
To view headers: To view the full header information, you must set your program to "full header" or "extended header." Each E-mail program is set up differently. In some programs you go to "options" and in others you go to "properties." The site http://www.SpamCop.net has instructions on how to find the headers on close to 20 different E-mail programs. You can also consult the "help" option in your program and search for "full header" or "extended header," then follow the instructions given.
A full header will look something like this:
Received: from E-mail.state.ut.us ([168.180.96.41]) by hotmail.com with Microsoft SMTPSVC(5.0.2195.4905; Mon, 3 Apr 2000 16:45:53 -0500
Received: from STATE-GATE-Message_Server by E-mail.state.ut.uswith Novell_GroupWise; Mon, 03 Jun 2002 10:16:28 -0600; Mon, 3 Apr 2000 21:47:08 +0100
Message-ID: <001601bf9db1$638695c0$a82d01d5@r0b8r5>
From: janedoe@utah.gov
To: johndoe@aol.com
Subject: Unsolicited porn messages
Date: Mon, 3 Apr 2000 22:10:17 +0100
You need to write down the sender's domain name and IP address.
To verify the sender: The IP address is more reliable than the domain name because it is difficult to forge. To verify who sent the E-mail, you need to look up the IP address and compare the IP name with the domain name you found in the header.
1. To look up an IP address you can use http://www.internic.com/whois.html. Enter the IP address in the "whois" box, select "Nameserver" and then submit.
2. Scroll down the page to look at the results.
3. The domain is listed on the line "Name Server." The results should match. If they don't, someone has forged the address.
3. Contact the spammer's ISP
Return to your IP address search. Scroll down to the line "Registrar" and look at the name listed there. Scroll back up to the "Whois" search box and enter the name of the Registrar that was listed in the results below, select Registrar, then submit. Scroll down the page to see the results.
This search will give you the street address, telephone number, E-mail address and the name of the administrator / contact person.
Once you have obtained the contact information, file a complaint with the administrator by sending a statement that you have been spammed, your concerns about the message, the full header and the text of the spam message.
Search result example:
Domain search for msn.com results were:
Whois Server Version 1.3
Domain names in the .com, .net, and .org domains can now be registered with many different competing registrars. Go to http://www.internic.net for detailed information.
MSN.COM NETWORK SOLUTIONS, INC. whois.networksolutions.com http://www.networksolutions.com DNS1.CP.MSFT.NET DNS1.TK.MSFT.NET DNS3.UK.MSFT.NET DNS3.JP.MSFT.NET DNS1.DC.MSFT.NET DNS1.SJ.MSFT.NET 17-jan-2002
Registrar search for NETWORK SOLUTIONS, INC. results were:
Whois Server Version 1.3
Domain names in the .com, .net, and .org domains can now be registered with many different competing registrars. Go to http://www.internic.net for detailed information.
Registrar Name: NETWORK SOLUTIONS, INC. Address:
VeriSign, Inc. 21355 Ridgetop Cir, Dulles, Virginia 20166, US Phone Number: (703) 742-0400 E-mail: registrar@netsol.com Whois Server: whois.networksolutions.com Referral URL: www.networksolutions.com Admin Contact: Bruce W Beckwith Phone Number: 703-742-4817 E-mail: bbeckwith@netsol.com Billing Contact: Arnie D'Amico Phone Number: 703-326-6091 E-mail: adamico@netsol.com Technical Contact: Greg Lazzaro Phone Number: 703-326-2768 E-mail: glazzaro@verisign.com
There is an icon to an adult Web site on my desktop. Where did it come from? How do I remove it?
One technique used by spammers is to include in their E-mail a command code that installs a shortcut on your desktop to link directly to their Web site. Position your mouse on the icon, right click and there should be an option to delete the icon. You may have to verify that you want to send the link to the recycling bin. To empty the recycling bin, right click on the icon and select "Empty Recycling Bin." If these instructions to remove the icon do not work for your computer, consult your system's "help" program. If your "help" program has a search option, type in "shortcuts" and it should provide tailored instructions for deleting the icon.
When I log onto the Internet, my computer automatically goes to an adult Web site. How do I stop this from happening?
This can happen to you without anyone having visited the site before. To remove it, go into your home page setup, delete the adult web page and enter the site you would like to open when you log onto the Internet. The process for doing this varies depending on your ISP. For Microsoft Internet Provider, go to "Tools" and then select "Internet Options." In the top section there will be a space for you to type in a link to the site you would like to set as your home page. For other Internet systems, consult the "help" option. If your "help" program has a search option, type in "home page" and it should provide tailored instructions for changing the home page.
When the E-mail opened, it took me directly to an adult Web site and when I tried to close the page, it immediately opened another adult Web site and would not let me exit. How do I get out of that loop?
These loops are called mousetraps. The easiest way to close a screen is to press ALT F4. This will immediately close the picture. You will have to press ALT F4 for each picture. Another way to close a loop is to press CTRL ALT DEL. This will open a box with a number of options. Click on the "task list" button. This opens another box that shows all the programs running on your computer. Highlight the site listed in the box that you want to close, then click END TASK. This will allow you to close your Internet access without clicking through every picture in the loop, which could be 20 or more.
Where can I find more information about spam?
Junk Busters http://www.junkbusters.com/junkemail
Features a guide to staying off junk E-mail lists, plus information on tracking down spammers and how to stop them.Cauce http://www.cauce.org
FAQ about spamSpamcop.net http://spamcop.net/anonsignup.shtml
Spam reportingFight Spam http://spam.abuse.net/
FAQ about spam
What not to do about spamNetwork Abuse Clearinghouse http://www.abuse.net
Tools for fighting spamJCR Design and Consulting http://www.jcrdesign.com
http://www.jcrdesign.com/junkemail.html
Info on how to stay off junk e-mail lists
What to do when you get spam (step by step).
What not to do when you get spam.Spam Laws http://www.spamlaws.com
State spam laws
Federal laws
Pending LegislationSpamCon Foundation http://law.spamcon.org
Laws and cases about spam
1 See U.S. Custom's Child Exploitation Unit Information at http://www.customs.gov/enforcem/child.htm posted Fri, 22 Mar 2002 01:29:53 GMT
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