That's been a lot of my finding as well. While I fully empathize with
efforts to tackle bias, spam from affiliates of the RNC is worse than
their counterparts. Mainstream bias is worse in the opposite direction,
spam is worse in this direction. It's quite fair to notice the flaws
from every angle and that they're different (regardless of whether or
not anyone feels they're equal, just different).
Given that I'm more likely to be biased in the opposite direction, it's
noteworthy that I see more spam from affiliates of the complainant in
this case. They're more numerous, they're more clickbaity, and they're
more often targeted at people who didn't consent via any double opt-in
procedure.
So, a solid win for all of us.
On 2023-08-26 14:54, Rob McEwen via mailop wrote:
BigTech is overflowing with extreme-leftist bias - especially with
their social media fact-checkers - and (to a lesser extent) this bias
overflows into their spam filtering and search results - HOWEVER - the
RNC and so many right-wing politicians are among the WORST to try such
a lawsuit because the RNC, and many of their affiliates, spam like
crazy and are OFTEN using shady-as-hell practices, such as using crappy
third party senders who sent to 100% purchased lists, in addition to
sending from newly-bought domains with zero reputation. It's a
cesspool. And they make some of the most unethical low-rent ESPs
wealthy in the process. The owners of some of those of those ESPs are
spoiled rotten rich brats who think that rules don't apply to them.
Likewise, every time I'm dealing with their spam, and I think about the
CEOs of these shady ESPs they're using - I get this image in my mind of
one or another of the shady drug dealers in the movie, Boogie Nights.
THAT is who they really are! (I have inside info about them - this is a
good summary of what these people are like!)
I do know of a few ethical ESPs that cater to conservative politicians
and who do send ethically/correctly - but they are few and far between.
Ironically, that the RNC tried this complaint - will only make the
leftist bias from BigTech - worse!
Likewise, the Republican bill to unravel 47US230 - is a total disaster
- and all co-sponsoring that are either idiots are didn't even hardly
read it. 47US230 probably needs improvement because it's somewhat
abused - but their proposed fix utterly fails to understand how much
47US230 protects antispam and antimalware "good guys" from being run
out of business bu frivolous slapp lawsuits. Everyone will suffer
greatly if 47US230 is altered or replaced in an unwise way.
Rob McEwen, invaluement
------ Original Message ------
From "Anne Mitchell via mailop" <mailop@mailop.org>
To "Gellner, Oliver via mailop" <mailop@mailop.org>
Date 8/26/2023 2:29:46 PM
Subject [mailop] RNC v. Google Dispositioin
I'm surprised that nobody has mentioned this here, because it was a
big win for Gmail plus has language which is applicable to any ISP.
In the order (in which the RNC complaint was dismissed) the court
basically not only smacked down the RNC, but made clear that the
Communications Decency Act (i.e. Federal Law) was developed in part
to:
"encourage the development of technologies which maximize user control
over what information is received by individuals, families, and
schools who use the Internet and other interactive computer services"
..and the court goes on to say that "Permitting suits to go forward
against a service provider based on the over-filtering of mass
marketing emails would discourage providers from offering spam filters
or significantly decrease the number of emails segregated. It would
also place courts in the business of micromanaging content providers
filtering systems in contravention of Congresss directive that it be
the provider or user that determines what is objectionable".
There's a lot more, it's a great opinion (full text of the court order
is included in our article):
https://www.isipp.com/blog/rnc-v-google-republican-national-committee-gets-smacked-down-by-court-full-text-of-order-here/
Anne
---
Anne P. Mitchell
Attorney at Law
Email Law & Policy Attorney
CEO Institute for Social Internet Public Policy (ISIPP)
Author: Section 6 of the CAN-SPAM Act of 2003 (the Federal email
marketing law)
Author: The Email Deliverability Handbook
Board of Directors, Denver Internet Exchange
Dean Emeritus, Cyberlaw & Cybersecurity, Lincoln Law School
Prof. Emeritus, Lincoln Law School
Chair Emeritus, Asilomar Microcomputer Workshop
Counsel Emeritus, eMail Abuse Prevention System (MAPS)
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