What are the current US laws concerning the selling of spam lists? 
Can you pinpoint specific legislation (or other “official” sources)
that defines best practice or outlines expected guidelines regarding
the selling of lists of email addresses.

A brief overview along with online resources is sought.  The
information should be provided from the seller’s perspective.  (I’m
not looking for anti-spam legislation but guidelines for a legitimate
seller of spam lists).

Hi, 

There are none, any where. Selling a list is basically selling a legal
researched set of data. There are no regulations on this, and in fact
a researcher such as myself could compile such a list for you, in a
perfectly legit way. There are no current laws for this action. It is
however a service and like any service you have to sell what you say
you are selling. So if you have a list that you say are opt-in
lumberjacks of Canada, then there should not be any non-opt Greenpeace
members in that list.

Similar stance in legislation is selling home/office physical address
lists. The selling or compiling for sale of the list is perfectly
legal, it is the use of those lists which legislation is concerned
about currently.


Links which may or may not be interesting

Email Marketing best practice
http://www.ukmarketingmanagement.com/E-marketing/legislation.htm

Senate mulls spam issues
http://news.com.com/2100-1023-212401.html?legacy=cnet

thanks, 

webadept-ga

---

Request for Answer Clarification by cclegg06-ga on 27 Dec 2002 13:56 PST

Is it possible for you to site a source that supports your report that
there are no laws governing the sale of email lists?

---

Clarification of Answer by webadept-ga on 27 Dec 2002 17:53 PST

Hi again, 

http://law.spamcon.org/

http://www.spamlaws.com/

http://www.sengir.demon.co.uk/spam_sites.html

http://www.turnstep.com/Spambot/info.html

I'm not sure that I could find a cite that said selling pet rocks was
legal either, but I do know that if it was illegal to sell such lists,
the pages I have listed above would be all over it, especially the
last one. Going through the sites above it doesn't even look like it
has ever been considered for a bill of any type. Selling email lists
is common practice amongst companies, just as selling all lists of
customers is common practice. Disney, some time ago, sold their list
after changing the agreement that said they wouldn't do it. MSN has
done the same thing. Just about everyone on the net of any real size
has sold a customer list at one time or another. It's just life on the
Internet.

http://www.powerhomebiz.com/guide/cases/maxie.htm

http://www.internetnews.com/IAR/article.php/989501

Hope that clears it up for you or at least sets your mind at ease.
There are very few laws which say it's okay to do something. :-)

webadept-ga

Provided a very comprehensive response.  The tone could have been a
bit more professional.  I was left to rely on the researcher's opinion
and not cited references but the opinion was based on an extensive set
of background work.