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Nationwide Service: Attorney-Programmer Helps You or Your Business Implement the Optimal Mass Unsolicited Commercial Email Campaigns
Not only can I aid you or your business in complying with the law of mass email sending, but I can assist
directly in the software code maintenance, installation, design and planning considerations.
Having written sophisticated network software and including having written
legally compliant bulk email software from scratch myself, I can guide every phase
of a planned operation or campaign.
CAN-SPAM, or "bulk email" laws, require an understanding of not just the law as such; but also the underlying network technologies and software used in their construction. Simply noting that the law creates criminal penalties for violating the unsolicited contact provisions in conjunction with using techniques that are considered aggravating factors could put a false scare into normal commercial emailers who would like to follow the law. The bottom line is that such factors as using harvesters or spoofing IP addresses, while at the same time sending bulk email in violation of the law, is something the vast majority of commercial emailers would not even know how to do if they tried. And they don't normally intend to do that anyways. It's funny enough that many "script kiddies" use other persons' software to in fact forge source addresses or harvest addresses in violation of various laws - and don't care much about the risks. But what really gets me is that I happen to know that, having written byte-level socket programs/software myself, proving these violations that could result in criminal charges is something that happens vary rarely because of the nature of the technology and the overseas origin of much unsolicited commercial bulk email. Please call me or obtain my email from the bar website above. I serve nationwide clients even though I am from, and living in, Seattle, Washington. Attorneys (or a law firm) who has experience handling email and spam laws compliance simply MUST have experience writing software to fully understand the risks and opportunities currently presented by mass email advertising. Further, the best or most effective lawyers or law firms should not only have experience using bulk-email marketing software, but should have experience actually writing the code (from start to finish) underlying the software used for sending bulk or "mass" email marketing campaigns. Network protocols, email relays, honest IP addresses, email harvesting, and black and white listed IP addresses and other legal considerations can't be fully understood without a background in network software programming. Some email lists are sold and resold; such lists are not "clean" or "scrubbed". Of course you can't be absolutely certain of the history of a particular email list you've purchased online. However, your liability for the email marketing or illegal spamming by an affiliate, partner or independent contractor employee could still leave you holding the bag. If you look to a deputy attorney general (or FTC (Federal Trade Commission) or state attorney general) as though you or your company would be easier to sue (or more solvent in that there are assets available to satisfy a judgment obtained against you in a lawsuit), then you should expect that prosecutorial resources will be more likely to be directed against you or your business even where there are other more "egregious" even criminal violations happening regularly. Most of the worst spam violations come from overseas; carried out by foreign nationals or enterprises who are largely untouchable by US laws by virtue of time, cost, and logistical nightmares involved in pursuing parties in foreign legal jurisdictions. But at the same time, those persons overseas who send both legal and illegal bulk email and mass email marketing campaigns have a far greater difficulty actually getting their email messages into people's inboxes because of the prevalence of IP address screening and blacklisting of so many groups of IP addresses outside the United States and Canada. How many times have I seen a good list of emails go to waste simply because the mailserver IP used for sending the whole batch was an unknown or considered suspect by just one or two major ISP's like Hotmail or Yahoo. Large businesses like Geico, Allstate and others have made certain that their emails to, say, one million customers at once, do not end up in the intended recipient's trash box (or in the case of some blacklisted IP's: not even the user's trash box). Please call me for a discussion of how I can cut down your attorney fees and tailor a form of legal representation that is affordable for not only large business, but both small and medium sized businesses as well. Often times you just need a good review or "once over" of your system to get the legal "go ahead" so that you safe enough from a possibility (or even remote chance) of either or both civil and criminal legal repercussions. Once you have the confidence that comes from knowing what your possible civil legal liability is (or the much more rare, and serious consequence of a criminal investigation, charge, probation, or even a brief stint in a minimum security federal prison with other "white collar" transgressors), once you've cleared your mind you'll then be free to move forward and work much better and creatively in using the opportunities for your own business and goals. But you should make certain that your understanding has a solid foundation. And this applies just as much to the system architecture and technological aspects of using and sending bulk email as it does to the different legal conclusions created by different sets of slightly varying (yet superficially similar) circumstances. As a particular fact surrounding your individual email campaign/system changes or is modified, so too may the legal analysis of the risks and benefits. | ![]() |
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Nationwide and international service from law firm located in the Bellevue-Redmond & Seattle Metropolitan Region of Washington state. Areas served include such states and cities as New York, California, Texas, Florida, San Francisco, New York, Dallas, Houston, Miami, Los Angeles, San Jose and outsourcing of internet and software development to such nations as Brazil, Russia, Ukraine, India and China. This website is not inteded as legal advice and no attorney/client relationship is formed merely by visiting or calling the law firm. | ![]() |
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