Standard for E-mail "spam"
Decades ago I worked with the team at MAPS (the world's first anti-spam company; "MAPS" is "SPAM" spelled backward, and we had it mean Mail Abuse Prevention System
) to work up a standard by which a given single e-mail message could be determined to be "spam" or not. This is because a lot of the people who wanted to send bulkish e-mail that nobody wanted to receive were just as cute as they could be about skirting definitions that involved streams of e-mail.
I published it at
http://mail-abuse.org/standard.html
and I referred to this online location in Chapter 10 of the Second Edition of Sendmail: Theory and Practice. Later we sold the MAPS company to Trend Micro to get money to pay lawyers. At some point Trend Micro redid their web site so that the Standard for spam is no longer at its historic location.
Ergo, hereis.
STANDARD: An electronic message is spam' IF: (1) the recipient's personal identity and context are irrelevant because the message is equally applicable to many other potential recipients; AND (2) the recipient has not verifiably granted deliberate, explicit, and still-revocable permission for it to be sent; AND (3) the transmission and reception of the message appears to the recipient to give a disproportionate benefit to the sender. DISCUSSION: (i) Trivial or mechanised personalization such asDear Mr. Jones, we see that you are the holder of the JONES.COM domaindoes not make the personal identity of the recipient relevant in any way. (ii) Failing to click thedo not send me marketing literature by e-mail'button in a web sign-up form does not convey explicit permission. Only when the default result is no followup e-mail AND the inbox impact is clearly stated before any action which changes this result, can permission of this kind be conveyed. (iii) The appearance of disproportionate benefit to the sender, and the relevancy of the recipient's specific personal identity, are authoritatively determined by the recipient, and is not subject to argument or reinterpretation by the sender. (iv) Non-personal e-mail always places a disproportionate cost burden on the recipient, and is considered to disproportionately benefit the sender unless it was verifiably solicited or by the recipient's willing exception. (v) A message need not be offensive or commercial in order to fit the definition of spam. Content is irrelevant except to the extent necessary to determine personal applicability, consent, and benefit.
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