OPEN LETTER To Small Businesses, Political Activists, Religious Practitioners,
Artists, Writers, Musicians and Entrepreneurs. Are You Spammers?
by James Jaeger
Dear Concerned Citizen:
This is an important letter which I hope you will take a moment to read (even if you consider it so-called "spam.")
On 20 March 2013 we engaged the services of an "email list administrator" named CC to help us update our company email lists, remove people that wanted to opt-out and make it easier to send out information on our books and movies. Most of our movies are about the U.S. Constitution, so nothing in our emails should be considered "indiscriminant" because all 313 million American citizens ARE subject to the "highest law in the land."
Nevertheless, after sending out 8,867 emails to our primary mailing list, 60 people filed a "Spam Report" and CC shut down our service. 60 "Spam Reports" out of 8,867 emails sent is only .7% of the list. So, 60 people -- all unidentified as CC won't reveal their identity -- have been able to effectively terminate valuable information on the US Constriction to 8,867 American citizens.
THIS IS APPALLING.
As CC's "shut-down notice" required, I called them on 05 April 2013 to "review your account." During the conversation with an agent, I was politely interrogated as to exactly HOW people got on our mailing list, WHEN they got on it and the nature of our business with such people and companies. After tolerating an hour and 40 minutes of this invasive questioning, I agreed to follow all the instructions agent "Mike" had given me. I also asked Mike who or what determined what "spam" is and what authorities CC was operating under. He cited the CAN SPAM Act of 2003 and two Internet "policing agencies" called SPAMHAUS and SPAM COP, which he said were the biggest.
Right after my interrogation session with agent Mike, I called my attorney and a friend that happens to be an attorney. We reviewed the CAN SPAM Act of 2003 and noted that the Act does not forbid "unsolicited" email or "cold call" advertising -- what has apparently been rebranded as "spam" by various people, companies, and Internet policing agencies.
Nevertheless, the following weekend, I spent about 10 hours going over the list CC shut down "cleaning it up" of any "roll" addresses and "group" addresses it may contain. We also redesigned our opt-in/opt-out web pages at the company and clarified the relationship of MOVIE PUBS, Matrix Productions and Jaeger Research Institute to Matrix Entertainment Corporation (MEC) so that subscribers know who they are getting email from.
I also spent considerable time studying the CAN SPAM Act and wrote a 25-page report relating my observations and speculations about what could be termed "the infringement of free speech my means of the false accusation of 'spam' and 'unsolicited email.'" My full report, entitled "SPAM NAZIS - Don't Let them Kill Your Dog", is attached or can be read at http://www.JaegerResearchInstitute.org/articles/spamnazis.htm
On 12 April 2013 I called CC back, as required. A different interrogation agent went over my "cleaned list"; noted that all his requirements had been satisfied and "turned us back on".
One of the first things I did after being "turned back on" was examine the data provided by CC. To this end I went through several opt-out lists and noted that a number of people specifically stated political reasons as to why they opted out. I thus have empirical evidence that "political considerations" ARE a reason for people opting out. Surely they are also a reason people file "Spam Reports". Although CC does NOT reveal the identity of "Spam Reporters", they do reveal the identity of people that opt-out, or "unsubscribe" as it is also called.
So with this data I noted where the majority of the opt-outs are coming from and found the following:
88 opt outs came from YAHOO 58 came from AOL 44 came from Gmail 27 came from Hotmail 15 came from MSN 8 came from cox.net
So, in addition to the above measures discussed, I eliminated all YAHOO email addresses from our "cleaned list" and, on 16 April 2013, we sent out 2,335 emails to this "cleaned list" -- emails about our Constitutional films. Nevertheless 10 people STILL filed "Spam Reports" and CC shut us down AGAIN on 17 April 2013!
I called CC back on 17 April 2013 and this time got Agent Elise. She noted the 10 Spam Reports. I related to her that it was only 10 reports out of 2,335 emails, how can CC shut us down over emails to American citizens about their very own Constitution? She was unsympathetic. I do want to mention that all three agents I spoke to at CC WERE very polite people and helpful. I am not therefore trying to discredit CC or any of its personnel. As far as I can tell CC is trying to provide a good service and make a buck. They are just between a rock and a hard place in that the Spam Nazis (for lack of a better term) in the system also threaten them.
So I explained to Agent Elise that, as an extra precaution, we removed all YAHOO emails from our "cleaned list" where upon we received only 10 Spam Reports. Given that we had received 28 Spam Reports from the last send, we experienced a whopping 64.3% fewer Spam Reports (10/28 = 35.7 or 64.3) indicating that a majority of the Spam Reports were coming from people on YAHOO. To this she simply said: "correlation does not prove causality," indicating to me that she was indeed a pro at obfuscating discovery "Spam Report" sources.
I must thus ask:
WHY ARE THESE PEOPLE WHO FILE SPAM REPORTS NOT IDENTIFIED BY CC? IS ONE NOT SUPPOSED TO BE CONFRONTED BY THEIR ACCUSER?
The existing email "system" is allowing people to declare anyone a "spammer" and have them shut down with impunity. This effectively undermines free-speech doctrine, even if it's coming from the private sector.
After my interrogation session of 17 April 2003, agent Elise now wants proof of HOW people signed up for our list. Again the law does NOT require this nor does it forbid "unsolicited" email -- what seems to be arbitrarily termed "spam" when convenient for some to suppress certain kinds of political speech. The CAN SPAM Act is at http://www.ftc.gov/os/caselist/0723041/canspam.pdf if you wish to review it.
Elisas Alias tells me that he too has been having difficulties with the Oath Keepers lists -- an organization that unconditionally supports the Constitution and especially the Second Amendment. Elias says he also knows someone else in the Freedom Movement that's having problems.
All this leads me to wonder what's going on? Are provocateurs at major email companies (Yahoo, AOL, Gmail, etc., or at places like Spam Cop, Spamhaus or Constant Contact) harassing small businessmen and political activists? Seems there is evidence that this IS the case, given these people can shut down important political email messages arbitrarily and without revealing their identity. At the very least, this un-American?
Sure we all hate unsolicited phone calls at the diner hour and porn spam in our email baskets, I am NOT defending such. I AM however defending the lawful and orderly dissemination of political and religious messages for the activist and devout. I am also defending the lawful and orderly dissemination of advertisement for the small businessman, artist, writer and entrepreneur, of which there are over 30 million in the United States -- the backbone of employment, GDP and innovation.
I am going to continue to investigate how the "system" works, how the law applies and the identity of those people who have been filing unjustified "Spam Reports". In the meantime I urge you to make the time to read my full report -- at http://www.JaegerResearchInstitute.org/articles/spamnazis.htm -- and get involved.
Those of us who value our right of free speech and free market commerce energized by the necessity of "cold call" advertisements cannot afford to let this issue be dominated by Spam Nazis, corporate fascists or cultural Marxists hell-bent on destroying or compromising our Republic.
IF SPEECH FOR POLITICAL AND RELIGIOUS ACTIVISTS OR COLD CALL ADVERTISING FOR THE 30 MILLION SMALL BUSINESSMEN IN AMERCA ARE INFRINGED OR SHUT DOWN, NOTHING YOU ARE CURRENTLY DOING WILL HAVE MUCH MEANING THEREAFTER.
Vigilante companies and individuals should NOT be able to shut down small businesses and citizens engaged in political, religious, social or economic movements by the false accusation of "spam."
P.S. Anyone reading this is welcome to contact me if they wish to discuss. I'm at 610-688-9212 or 800-576-2001. Please forward this email to interested parties including the Electronic Frontier Foundation and other such organizations.
ORIGINATED: 17 April 2013
REVISED: 21 July 2013
Please forward this to your mailing list. The mainstream media will probably not address this subject because they have conflicts of interest with their advertisers, stockholders and the political candidates they send campaign contributions to. It's thus up to responsible citizens like you to disseminate important issues so that a healthy public discourse can be initiated or continued. Your comments and suggestions are welcome and future versions of this research paper will reflect them.
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Don't forget to watch our documentary films listed below so you will have a better understanding of what we believe fuels most of the problems under study at Jaeger Research Institute. We appreciate you referring these documentary films to others, purchasing copies for your library, screening them for home audiences and displaying them on your public-access TV channels. The proceeds from such purchases go to the production of new documentaries. Thank you.
If you wish to be removed from this mailing list go to http://www.jaegerresearchinstitute.org/mission.htm but first please be certain you are not a SPAM NAZI or suffering from SPAMAPHOBIA as described at http://www.jaegerresearchinstitute.org/articles/spamaphobia.htm
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