Social Media Law for Business: A Practical Guide for Using Facebook, Twitter, Google +, and Blogs Without Stepping on Legal Land Mines: A Practical Guide ... Blogs Without Stepping on Legal Landmines by Gilmore Glen

Author:Gilmore, Glen [Gilmore, Glen]
Language: eng
Format: azw3
Publisher: McGraw-Hill Education
Published: 2014-12-09T16:00:00+00:00

In two separate cases, within the span of six months, two courts made it eminently clear that the U.S. antispam law, known as the CAN-SPAM Act, would apply to social networking messages. The first case, from 2008, involved spamming on MySpace. The second case involved Facebook. Hundreds of thousands of users were getting messages that attempted to “harvest” e-mails by sending false messages to network users. Lawsuits were initiated by the respective social networks. Judgments were entered. MySpace was awarded a paltry $234 million. Facebook was awarded a whopping $873 million, a record award under CAN-SPAM.

Interestingly, both cases had as their chief culprit the same defendant, Sandford “Spamford” Wallace, the “spam king,” a marketer with a notorious history of spamming. While Wallace took the judgments in stride, promptly filing for bankruptcy, both cases made it eminently clear that spammers on social networks are subject to the sanctions of the U.S. antispamming law, that they may face legal action by the social networks they spam on, and that social media spamming can come with a hefty price tag. And not surprisingly, if deemed a spammer, you may also see yourself and your business permanently banned from using the offended social network—or any social network—by order of the court.

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