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Is extracting emails and sending spam/illegal?

Discussion in 'Black Hat SEO Tools' started by kiwilx, Jan 27, 2012.

  1. kiwilx

    kiwilx Junior Member

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    If you do go to an website/facebook of a specific niche and get a bunch of emails from a specific url with a extractor email software and after that you send them an email with a CPA related offer is that illegal?
     
  2. kiwilx

    kiwilx Junior Member

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    bump thread
     
  3. smoketowntheory

    smoketowntheory Registered Member

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    Spam is the use of electronic messaging systems (including most broadcast media, digital delivery systems) to send unsolicited bulk messages indiscriminately.

    Email spam, also known as unsolicited bulk Email (UBE), junk mail, or unsolicited commercial email (UCE), is the practice of sending unwanted email messages, frequently with commercial content, in large quantities to an indiscriminate set of recipients. (thank you wikipedia)

    Now, if you do what you're suggesting, not only are you violating ToS and Privacy Statements, you're setting yourself up for fines and/or jail time.

    That's the harsh view of it. The reality is that more than likely your host or ISP will slap you down first, which is terribly inconvenient. It takes quite a bit for the gov't to get involved....like total gross negligent spamming of any and everything in sight.

    That's why you see "By clicking here you agree that you may receive emails from our affiliates/partners/networks/etc." This catchall statement covers and (somewhat) protects you. Let's be honest, how many people really alert the authorities (or anyone for that matter) that they got an email for a bigger dick? People that don't use the internet that often get annoyed - but it won't go nowhere. People who do use the internet often don't remember shit from shinolah as far as what they clicked and what they agreed too, so they are likely to ignore/delete the unwanted messages. I for one get hundreds of spam email/day on one of my email accounts. I scan them over long enough to make sure I didn't miss anything important, then delete them. Its like getting direct marketing mats in your mailbox. You didn't ask for it, but somewhere along (a very long line) you agreed to receive stuff. Are you going to contact you local post office, legislator or city official to complain? Probably not. Even if you DID, they'll probably smile and nod.

    Bottom line, scraping isn't as big an issue as what and how you use what you get.
     
  4. paramveer

    paramveer Newbie

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    I don't know exactly; but I guess so. bcz it makes bothered users sometimes and sometimes makes good impressions. However, this tactic is very fruitful to promotion.
     
  5. Cnotey

    Cnotey Power Member

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    Extracting emails can be illegal. But sending spam is not. So unless they can prove you extracted the emails, you are safe. Just be sure and comply with CAN.
     
  6. BlaqReaper

    BlaqReaper Junior Member

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    To be legal you must provide a name, address (P.O. box), user agreement (opt-in list), and unsubscribe link. That said this is BlackHatWorld, just know though this is a bit beyond blackhat and could bring you legal issues. Last but not least, most e-mails send much of the unsolicited mail straight into spam if you don't have agreements and permission, etc.
     
  7. swtor005

    swtor005 Registered Member

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    My 2 cents.

    If you can some how get them to double opt-in with some genuine promotions, you may turn around 8/10% persons who may fall prey. Then the refines list will be gold. Else it will be a pain in the ... as long as you try to manage it or use it.
     
  8. Cnotey

    Cnotey Power Member

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    Go read CAN-SPAM Blaq, you do not need user agreement to send emails. Spam is perfectly legal, as long as you provide unsub options, and your name and mailing address.
     
  9. markhenry121

    markhenry121 Elite Member

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    Yes spam is sometimes proves useful for us but mostly it contains unsolicited mails.
     
  10. mrpickles

    mrpickles Registered Member

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    Spam is illegal though not illegal federally it is illegal in almost all states.
     
  11. jascoken

    jascoken Senior Member

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    It is certainly illegal in the UK; unless you can prove the email was obtained through the normal course of business.

    See this UK 'Email Marketing & The Law' PDF I uploaded for everyone. The last page has a simple workflow diagram.

    http://www.mediafire.com/?kle5m2zeviqoum2
     
  12. BlaqReaper

    BlaqReaper Junior Member

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    I have, but not much in depth since I dont' do e-mail marketing. But I thought unsolicited e-mails weren't legal (not sure). Otherwise what would they be unsubbing out of if they never opted in anything?
     
  13. jamieton

    jamieton Newbie

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    I think it's illegal.
     
  14. thefish2010

    thefish2010 BANNED BANNED

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    Contrary to popular belief, CAN-SPAM defined a set of rules by which you can send unsolicited email - it did not make it illegal. In a nutshell, you can't use deceptive content, you can't use any technique to mask who sent the email, you must include a physical address where you can receive mail, and you must honor unsubscribe requests.

    Code:
    http://business.ftc.gov/documents/bus61-can-spam-act-compliance-guide-business
    As far as scraping email addresses, the legality depends entirely on how and where you are doing it. For example, using Google to find sites that have email addresses and then grabbing them from a ton of different sites, is most likely not illegal since they could not have been scraped by Google if they were not posted publicly. If you are grabbing them from a password-protected database that you don't own, it probably is illegal. However, remember that the odds that there will be some fallout from scraping emails, unless you are doing something highly illegal to obtain them from an IP address that can be tied directly to you, are pretty small.

    So, yes, as long as you follow the CAN SPAM rules, you can legally scrape and send to random emails as long as you don't sent to emails after they unsubscribe.
     
    Last edited: Jan 28, 2012
  15. Digital_Man

    Digital_Man Registered Member

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    scrape

    Send good email engaging them to contact you


    send offer

    no laws broken

    be outside the box
     
  16. Grinch

    Grinch Regular Member

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    Sending spam is not illegal.

    The contents of the spam as in viruses can be illegal.
     
  17. seolabs82

    seolabs82 Regular Member Premium Member

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    That really depends upon the country you live in & their policies. Also, if someone reports you then you might be in trouble.
     
  18. dezinerjimmy

    dezinerjimmy Registered Member

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    This isin't spam really for the people have the options to unsubscribe from getting the emails. Among them ,some will benefit if you had sheared relevant information.

    You just need to get people who have shown interest in the field you have shared in other places like forums and social sites.
     
  19. mrpickles

    mrpickles Registered Member

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    Spam is not illegal federally but most states have anti spam laws. so if you send spam to anyone in those states then you can get in very big legal trouble.

    Do not assume because the CAN-SPAM did not make spam illegal federally that states did not assume their powers and making it illegal.

    Do not take stupid advice in this thread. The FBI is not going to be knocking your door down but State Attorney Generals will be.

    for instance check out Virginia's law



    § 18.2-152.3:1. Transmission of unsolicited commercial electronic mail (spam); penalty.

    A. Any person who:

    1. Uses a computer or computer network with the intent to falsify or forge electronic mail transmission information or other routing information in any manner in connection with the transmission of spam through or into the computer network of an electronic mail service provider or its subscribers; or

    2. Knowingly sells, gives, or otherwise distributes or possesses with the intent to sell, give, or distribute software that (i) is primarily designed or produced for the purpose of facilitating or enabling the falsification of the transmission information or other routing information of spam; (ii) has only limited commercially significant purpose or use other than to facilitate or enable the falsification of the transmission information or other routing information of spam; or (iii) is marketed by that person acting alone or with another for use in facilitating or enabling the falsification of the transmission information or other routing information of spam is guilty of a Class 1 misdemeanor.

    B. Any person who commits a violation of subdivision A 1 when (i) the volume of spam transmitted exceeded 10,000 attempted recipients in any 24-hour time period, 100,000 attempted recipients in any 30-day time period, or one million attempted recipients in any one-year time period or (ii) revenue generated from a specific transmission of spam exceeded $1,000 or the total revenue generated from all spam transmitted to any EMSP exceeded $50,000, is guilty of a Class 6 felony.

    C. Any person who knowingly hires, employs, uses, or permits any minor to assist in the transmission of spam in violation of subsection B is guilty of a Class 6 felony.

    (2003, cc. 987, 1016; 2010, c. 489.)
     
    Last edited: Jan 29, 2012