Tuesday, April 19, 2011

California Court holds CAN-SPAM applies to Social Networking Communications

It is a position invited by Richard b. Newman - Internet & Affiliate Marketing advocate

The CAN-SPAM Act makes it illegal for people to initiate the transmission of commercial electronic mail messages that contain materially false or misleading header information.  CAN-SPAM defines "electronic mail message" as "a message that is sent to a unique e-mail address.  It sets more "e-mail address" as a "destination, usually expressed as a string of characters, consisting of a single user or mailbox name and a reference to an Internet domain, poster, an electronic mail message may be sent or delivered.

March 28, 2011, the District Court of the United States for the Northern District of California ruled that the CAN-SPAM Act (the "Act") restrictions on the transmission of commercial electronic messages not solicited ("UCE") extend beyond traditional email to cover communications to other electronic destinationsincluding the walls of Facebook users, news, and network messages.  Facebook Inc. v. MaxBounty Inc. (N.D. CAL., no. 10 - 4712, 28/3/11).  The decision is a broader judicial interpretations, to date, the types of messages falling within the scope of the Act.

Judge Jeremy Fogel district court noted that this issue was a first impression in the Ninth Circuit, directly on the question of whether the Act applies to social networking communications which are not returned in an "Inbox" comparable to traditional E-mail.  Decisions of the Court of the District of California before have concluded that the Act reached "e-mail-like" messages transmitted through the social network MySpace.  These courts have reached their looking legislative history of the Act score, noting that the Act was designed to ensure the convenience and efficiency of electronic messaging systems and saw no reason in law for its coverage limited to electronic mail.  Thus, enlargement of this analysis, judge Fogel concluded that the Act achieved other types of communications networking social, as well.  These messages require Facebook to engage in operations of routing, therefore, the application of the law to these communications is consistent with the intent of Congress to mitigate misleading commercial communications "overload communication infrastructure."

Facebook has alleged that MaxBounty has violated the law by recruiting affiliates to the unfair and deceptive advertising campaigns which involved the creation of profiles of fictitious Facebook with promises of free products.  To register, users had to agree to notify each of their Facebook friends, among other things.  These notifications are sent according to Subscriber's Facebook account settings, but could potentially have been delivered as a posting on the wall of the user, in its news feed, to the mailbox of the user Facebook message and external users e-mail addresses.  The Court concluded that each type of message could be under the Act.

The Act is intended to apply broadly, and its restrictions on the misleading header information reaches all communications sent to unique, non-electronic destinations only to traditional e-mail.
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Richard b. Newman is a lawyer of the Internet and
Commercial litigation Attorney at Hinch Newman LLP
9716…………………………………………………………………………………… *Political advertising disclosure*.
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Ultimate dofollow social & link building list

 Welcome to the one stop shop for link builders looking to utilise social networks & other forms of dofollow link building techniques. I aim to keep this list as an up do date resource that grows over time, so please don’t hesitate to let me know if:

         1.There’s sites/resources I’m missing

         2. One of the sites I have listed goes nofollow

                                          Current Total: 95 Sites

Social Submission & Voting Sites

These sites are the bread & butter of social bookmarking. The idea is to submit your site/posts & let the community vote. Not only do you get the initial link from the social site, really sticky content has the ability to go viral & generate a much larger range of links from relevant blogs / forums & websites. Remember, submit your best content.

  1. Digg
  2. Slashdot
  3. Reddit
  4. IndianPad
  5. Propeller
  6. Spotback
  7. Tweako
  8. LinkedWords
  9. Sphinn
  10. Killer Startups
  11. Care2
  12. Shoutwire
  13. HumSurfer
  14. PlugIM

Social Bookmarking Management Sites

These sites allow you to keep a record of your favourite sites & organise them accordingly. Similar to how Bookmarks work in your browser, except you can now access them from anywhere at any time. Use these to bookmark the pages you want to increase rankings too.
  1. Connotea
  2. Mixx
  3. BlogMarks
  4. OYAX
  5. Spurl
  6. MyLinkVault
  7. A1 Webmarks
  8. Connectedy
  9. SyncOne
  10. Yattle

Social Search Sites

  1. Searchles
  2. SWiK

Social Question & Review Sites

  1. Yedda
  2. RateitAll

Social Content / Article Hosting Sites

These sites allow you to host articles. Use them to leverage links to your own network of sites, some sites allow unlimited links in the articles, some are limited to 2 or 3.
  1. Squidoo
  2. Now Public
  3. News Vine
  4. CoRank
  5. Associated Content
  6. Work.com
  7. Hub Pages
  8. Articles Factory
  9. Easy Articles
  10. Article Dashboard
  11. EzineArticles
  12. IdeaMarketers
  13. Go Articles

Social Image Sites

  1. LogoPallet
  2. BmAccess

Social Networking Sites

  1. Flixya
  2. Mybloglog
  3. Ning

Blog Hosting Networks

Create blogs around specific topics & use them to link to your network of sites.
  1. WordPress
  2. Ebay Blogs
  3. Thoughts
  4. Aeonity
  5. Blogger
  6. Weebly
  7. Tumblr
  8. BlogWogo
  9. Blogster
  10. Blogetery
  11. Blogsome
  12. LiveJournal
  13. Yahoo 360
  14. Xanga
  15. Blog.co.uk
  16. Wet Paint

Forums

  1. Connotea

Wiki

  1. PBWiki
  2. Mywikibiz

CSS Galleries

Do you have a beautifully designed CSS site? Then there’s hundreds of dofollow links out there for the taking. Submit it to the sites below.
  1. A Site a Day
  2. Most Inspired
  3. CeeSeS
  4. Creative Pakistan
  5. CSS Design Yorkshire
  6. CSS 2.0
  7. CSS Based
  8. CSS Beauty
  9. CSS Slip
  10. CSS Collection
  11. Tasty Placement CSS Gallery
  12. Web Digity
  13. Alvit CSS Showcase
  14. Best Web Galley
  15. Brdcast
  16. CSS Demo
  17. CSS Website
  18. CSS Based
  19. CSS Clip
  20. CSS Cool
  21. CSS Exchange
  22. CSS Galaxy
  23. CSS Gallery
  24. CSS Heaven
  25. CSS Import
  26. CSS Impress
  27. CSS Liquid
  28. CSS Mania
  29. CSS Pinoy
  30. CSS Smooth Operator
  31. CSS Tux

Social Bookmark Submission Software & Websites

If you’re looking to automate any of your submissions there are a few options:


View the original article here