The Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act of 2003 is a law passed in 2003 establishing the United States ' first national standards for the sending of commercial e-mail . The law requires the Federal Trade Commission (FTC) to enforce its provisions. Introduced by Republican Conrad Burns , the act passed both the House and Senate during the 108th United States Congress and was signed into law by President George W. Bush in December 2003 and was enacted on January 1, 2004.
88-468: The backronym CAN-SPAM derives from the bill's full name: C ontrolling the A ssault of N on- S olicited P ornography A nd M arketing Act of 2003 . It plays on the word "canning" (putting an end to) spam , as in the usual term for unsolicited email of this type. The bill was sponsored in Congress by Senators Conrad Burns and Ron Wyden . The CAN-SPAM Act is occasionally referred to by critics as
176-449: A misdemeanor to send spam with falsified header information. A host of other common spamming practices can make a CAN-SPAM violation an "aggravated offense," including harvesting , dictionary attacks , IP address spoofing , hijacking computers through Trojan horses or worms , or using open mail relays for the purpose of sending spam. Although according to the law, legitimate businesses and marketers should be conscientious regarding
264-522: A self-labeling initiative called the Restricted to Adults label (RTA). This label is recognized by many web filtering products and is entirely free to use. Most employers have distinct policies against the accessing of any kind of online pornographic material from company computers, in addition to which some have also installed comprehensive filters and logging software in their local computer networks . One area of Internet pornography that has been
352-563: A "commercial electronic mail message" as "any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service (including content on an Internet website operated for a commercial purpose)." It exempts "transactional or relationship messages." The FTC issued final rules ( 16 CFR 316 ) clarifying the phrase "primary purpose" on December 16, 2004. Previous state laws had used bulk (a number threshold), content (commercial), or unsolicited to define spam. The explicit restriction of
440-581: A "diet patch" and "hormone products." The FTC stated that these products were effectively worthless. Authorities said they face up to five years in prison under the anti-spam law and up to 20 years in prison under U.S. mail fraud statutes. On September 27, 2004, Nicholas Tombros pled guilty to charges and became the first spammer to be convicted under the Can-Spam Act of 2003. He was sentenced in July 2007 to three years probation, six months house arrest, and
528-565: A definition of child pornography; (3) expressly criminalizes computer-facilitated offenses; (4) criminalizes the knowing possession of child pornography, regardless of intent to distribute; and (5) requires ISPs to report suspected child pornography to law enforcement or to some other mandated agency. ICMEC stated that it found in its initial report that only 27 countries had legislation needed to deal with child pornography offenses, while 95 countries did not have any legislation that specifically addressed child pornography, making child pornography
616-757: A fine of $ 10,000. On April 1, 2006, Mounir Balarbi, of Tangier , Morocco , was the first person outside the United States to have an arrest warrant validated under the CAN-SPAM Act of 2003. Mounir's trial was held in absentia, and he was sentenced in a closed session. On January 16, 2006, Jeffrey Goodin, 45, of Azusa, California , was convicted by a jury in United States district court in Los Angeles in United States v. Goodin, U.S. District Court, Central District of California, 06-110 , under
704-421: A first impression of the content provided by a gallery without actually visiting it. However, TGP sites are open to abuse, with the most abusive form being the so-called CJ (abbreviation for circlejerk), that contains links that mislead the surfer to sites he or she actually did not wish to see. This is also called a redirect . Linklists, unlike TGP/MGP sites, do not display a huge number of pictures. A linklist
792-572: A global issue worsened by the inadequacies of domestic legislation. The 7th Edition Report found that still only 69 countries had legislation needed to deal with child pornography offenses, while 53 did not have any legislation specifically addressing the problem. Over seven years of research from 2006–12, ICMEC and its Koons Family Institute on International Law and Policy report that they have worked with 100 countries that have revised or put in place new child pornography laws. The NCMEC estimated in 2003 that 20 percent of all pornography traded over
880-564: A letter to the FTC from Senator Burns, who noted that "Enforcement is key regarding the CAN-SPAM legislation." In 2004, less than 1% of spam complied with the CAN-SPAM Act of 2003. The law prescribed the FTC to report back to Congress within 24 months of the effectiveness of the act. Once this took place, no changes were recommended. It also requires the FTC to promulgate rules to shield consumers from unwanted mobile phone spam . On December 20, 2005
968-562: A list is not currently feasible. The FTC soundly rejected this proposal, and such a list will not be implemented. The FTC concluded that the lack of authentication of email would undermine the list, and it could raise security concerns. The legislation prohibits e-mail recipients from suing spammers or filing class-action lawsuits. It allows enforcement by the FTC, state attorneys general, Internet service providers , and other federal agencies for special categories of spammers (such as banks). An individual might be able to sue as an ISP if (s)he ran
SECTION 10
#17327808015321056-420: A mail server, but this would likely be cost-prohibitive and would not necessarily hold up in court. Individuals can also sue using state laws about fraud, such as Virginia's that gives standing based on actual damages, in effect limiting enforcement to ISPs. The McCain amendment made businesses promoted in spam subject to FTC penalties and enforcement remedies, if they knew or should have known that their business
1144-730: A maximum sentence of 5 years on each of the three counts and agreed to forfeit money received in the commission of these crimes. On June 25, 2007, the remaining two were convicted of spamming out millions of e-mail messages that included hardcore pornographic images. Jeffrey A. Kilbride, 41, of Venice, California , and James R. Schaffer, 41, of Paradise Valley, Arizona , were convicted on eight counts in U.S. District Court in Phoenix, Arizona . Both were sentenced to five years in prison, and ordered to forfeit $ 1,300,000. The charges included conspiracy , fraud , money laundering , and transportation of obscene materials . The trial, which began on June 5,
1232-798: A presidential pardon by President Obama. In July 2005, the Federal Trade Commission lodged civil CAN-SPAM complaints against nine companies alleging that they were responsible for spam emails that had been sent by them or by their affiliates. Eight of the nine companies, Cyberheat of Tucson, Arizona , APC Entertainment, Inc., of Davie, Florida , MD Media, Inc., of Bingham Farms, Michigan , Pure Marketing Solutions, LLC, of Tampa, Florida , TJ Web Productions, LLC, of Tampa, Florida , and BangBros.com, Inc., RK Netmedia, Inc., and OX Ideas, Inc., LLC, of Miami, Florida entered into stipulated consent decrees . Impulse Media Group, Inc. of Seattle, Washington , represented by CarpeLaw PLLC, defended
1320-416: A reader program to enable access.) Combination formats, such as webteases that consist of images and text have also emerged. The Internet is an international network and there are currently no international laws regulating pornography; each country deals with Internet pornography differently. Generally, in the United States, if the act depicted in the pornographic content is legal in the jurisdiction that it
1408-421: A refund for the misuse of her card." Nonetheless, women spend more time on average on pornography websites, particularly Pornhub , than men and were more interested in pornography upon marriage. An anti-porn research group, Barna Group and Covenant Eyes, reported in 2020 that "33% of women aged 25 and under search for porn at least once per month. A 2015 study found "a big jump" in pornography viewing over
1496-405: A sampling of the commercial site in the form of thumbnail images, or in the form of Free Hosted Galleries —samplings of full-sized content provided and hosted by the commercial sites to promote their site. Some free websites primarily serve as portals by keeping up-to-date indexes of these smaller sampler sites. These intents to create directories about adult content and websites were followed by
1584-471: Is GIF which may provide an animated image where the people in the picture move. It can last for only a second or two up to a few minutes and then reruns (repeats) indefinitely. If the position of the objects in the last frame is about the same as the first frame, there is the illusion of continuous action. Pornographic video clips may be distributed in a number of formats, including MPEG , WMV , and QuickTime . More recently, VCD and DVD image files allow
1672-496: Is a (frequently) categorised web list of links to so-called "freesites*", but unlike TGPs, links are provided in a form of text, not thumbs. It is still a question which form is more descriptive to a surfer, but many webmasters cite a trend that thumbs are much more productive, and simplify searching. On the other hand, linklists have a larger amount of unique text, which helps them improve their positions in search engine listings. TopLists are linklists whose internal ranking of freesites
1760-414: Is a categorized list (more often a table) of small pictures (called "thumbnails") linked to galleries. These sites are called a thumbnail gallery post (TGP). As a rule, these sites sort thumbs by category and type of content available on a linked gallery. Sites containing thumbs that lead to galleries with video content are called MGP (movie gallery post). The main benefit of TGP/MGP is that the surfer can get
1848-501: Is a word derived from the initial letters of the words of a phrase, such as radar from "radio detection and ranging". By contrast, a backronym is "an acronym deliberately formed from a phrase whose initial letters spell out a particular word or words, either to create a memorable name or as a fanciful explanation of a word's origin". Many fictional espionage organizations are backronyms, such as SPECTRE (special executive for counterintelligence, terrorism, revenge and extortion) from
SECTION 20
#17327808015321936-630: Is all but impossible to obtain through nonelectronic means." In 2006, the International Centre for Missing & Exploited Children (ICMEC) published a report of findings on the presence of child pornography legislation in the then-184 INTERPOL member countries. It later updated this information, in subsequent editions, to include 196 UN member countries. The report, entitled “Child Pornography: Model Legislation & Global Review,” assesses whether national legislation: (1) exists with specific regard to child pornography; (2) provides
2024-450: Is available to block pornography and other classifications of material from particular computers or (usually company-owned) networks. Commercially available Web filters include Bess , Net Nanny , SeeNoEvil, SurfWatch , and others. Various work-arounds and bypasses are available for some of these products; Peacefire is one of the most notable clearinghouses for such countermeasures. The Internet has radically changed how child pornography
2112-538: Is based on incoming traffic from those freesites, except that freesites designed for TopLists have many more galleries. Peer-to-peer file sharing networks provide another form of free access to pornography. While such networks have been associated largely with the illegal sharing of copyrighted music and movies, the sharing of pornography has also been a popular use for file sharing. Many commercial sites have recognized this trend and have begun distributing free samples of their content on peer-to-peer networks. As of 2011,
2200-666: Is being distributed from then the distributor of such content would not be in violation of the law regardless of whether it is accessible in countries where it is illegal. This does not apply to those who access the pornography, however, as they could still be prosecuted under local laws in their country. Due to enforcement problems in anti-pornography laws over the Internet, countries that prohibit or heavily restrict access to pornography have taken other approaches to limit access by their citizens, such as employing content filters . Many activists and politicians have expressed concern over
2288-456: Is considered one of the earliest online pornographic websites; coded by Ashe, a former stripper and nude model, the website was reported by CNN in 2000 to have made revenues of $ 6.5 million. In 2012, the total number of pornographic websites was estimated to be around 25 million, comprising 12% of all the websites. In 2022, the amount of pornographic content accessible online is estimated at over 10,000 terabytes . XVideos and Pornhub are
2376-440: Is probably of Romani origin but commonly believed to be a backronym of "council-housed and violent". Similarly, the distress signal SOS is often believed to be an abbreviation for "save our ship" or "save our souls" but was chosen because it has a simple and unmistakable Morse code representation – three dots, three dashes, and three dots, sent without any pauses between characters. More recent examples include
2464-505: Is reproduced and disseminated, and, according to the United States Department of Justice , resulted in a massive increase in the "availability, accessibility, and volume of child pornography." The production of child pornography has become very profitable, bringing in several billion dollars a year, and is no longer limited to pedophiles. Philip Jenkins notes that there is "overwhelming evidence that [child pornography]
2552-637: Is sometimes mediated by companies that will set up websites and manage finances. They may maintain "office" space for the models to perform from, or they provide the interface for models to work at home, with their own computer with webcam. As of 2020, most so-called cam hosts stream directly from their home, due to the fast Internet lines and cheap HD webcams, that are available at low-cost. The models get paid via tips or by selling exclusive content to their viewers through live cam sites, which can reach more than 20,000 viewers at once. Live cam sites are very popular. Big sites like Chaturbate or LiveJasmin are among
2640-568: The James Bond franchise. For example, the Amber Alert missing-child program was named after Amber Hagerman , a nine-year-old girl who was abducted and murdered in 1996. Officials later publicized the backronym "America's Missing: Broadcast Emergency Response". An example of a backronym as a mnemonic is the Apgar score , used to assess the health of newborn babies. The rating system
2728-480: The World Wide Web from the late 1990s led to an incremental growth of Internet pornography, the use of which among adolescents and adults has since become increasingly popular. Danni's Hard Drive started in 1995 by Danni Ashe is considered one of the earliest online pornographic websites. In 2012, estimates of the total number of pornographic websites stood at nearly 25 million comprising about 12% of all
CAN-SPAM Act of 2003 - Misplaced Pages Continue
2816-510: The "You-Can-Spam" Act because the bill fails to prohibit many types of e-mail spam and preempts some state laws that would otherwise have provided victims with practical means of redress. In particular, it does not require e-mailers to get permission before they send marketing messages. It also prevents states from enacting stronger anti-spam protections, and prohibits individuals who receive spam from suing spammers except under laws not specific to e-mail. The Act has been largely unenforced, despite
2904-539: The 100 most popular websites according to Alexa Internet . Other formats include text and audio files. While pornographic and erotic stories , distributed as text files , web pages, and via message boards and newsgroups, have been semi-popular, audio porn, via formats like MP3 and FLV , have increased in popularity. Audio porn can include recordings of people having sex or merely reading erotic stories. (Pornographic magazines are available in Zinio format, which provides
2992-578: The Act; thus, a private plaintiff must demonstrate that the defendant either sent the email at issue or paid another person to send it knowing that the sender would violate the Act. Despite this heightened standard, private CAN-SPAM lawsuits have cropped up around the country, as plaintiffs seek to take advantage of the statutory damages available under the Act. CAN-SPAM preempts (supersedes) state anti-spam laws that do not deal with false or deceptive activity. The relevant portion of CAN-SPAM reads: Though this move
3080-554: The CAN-SPAM Act (the first conviction under the Act), and on June 11, 2007, he was sentenced to 70 months in federal prison. Out of a potential sentence of 101 years, prosecutors asked for a sentence of 94 months. Goodin was already detained in custody, as he had missed a court hearing. As of late 2006, CAN-SPAM has been all but ignored by spammers. A review of spam levels in October 2006 estimated that 75% of all email messages were spam, and
3168-481: The CAN-SPAM Act—unsubscribe, content, and sending behavior — are as follows: There are no restrictions against a company emailing its existing customers or anyone who has inquired about its products or services, even if these individuals have not given permission, as these messages are classified as "relationship" messages under CAN-SPAM. But when sending unsolicited commercial emails, it must be stated that
3256-448: The CAN-SPAM act. However, the FTC has never prevailed at trial with their theory of strict liability. Backronym A backronym is an acronym formed from an already existing word by expanding its letters into the words of a phrase. Backronyms may be invented with either serious or humorous intent, or they may be a type of false etymology or folk etymology . The word is a portmanteau of back and acronym . A normal acronym
3344-405: The FTC reported that the volume of spam has begun to level off, and due to enhanced anti-spam technologies, less was reaching consumer inboxes. A significant decrease in sexually explicit e-mail was also reported. Later modifications changed the original CAN-SPAM Act of 2003 by (1) Adding a definition of the term "person"; (2) Modifying the term "sender"; (3) Clarifying that a sender may comply with
3432-463: The Internet was child pornography, and that since 1997, the number of child pornography images available on the Internet had increased by 1,500 percent. Regarding Internet proliferation, the US DOJ states that "At any one time there are estimated to be more than one million pornographic images of children on the Internet, with 200 new images posted daily." They also note that a single offender arrested in
3520-444: The U.S. have begun to include this compliance statement on their websites as well. On April 8, 2008 Evil Angel and its owner John Stagliano were charged in federal court with multiple counts of obscenity . One count was for, "using an interactive computer service to display an obscene movie trailer in a manner available to a person under 18 years of age." A variety of content-control , parental control and filtering software
3608-464: The United Kingdom possessed 450,000 child pornography images, and that a single child pornography site received a million hits in a month. Further, much of the trade in child pornography takes place at hidden levels of the Internet. It has been estimated that between 50,000 and 100,000 pedophiles are involved in organized pornography rings around the world, and that one third of them operate from
CAN-SPAM Act of 2003 - Misplaced Pages Continue
3696-743: The United States government brought the first criminal and civil charges under the Act. Criminal charges were filed by the United States Attorney for the Eastern District of Michigan , and the FTC filed a civil enforcement action in the Northern District of Illinois . The defendants were a company, Phoenix Avatar, and four associated individuals: Daniel J. Lin, James J. Lin, Mark M. Sadek, and Christopher Chung of West Bloomfield, Michigan . Defendants were charged with sending hundreds of thousands of spam emails advertising
3784-510: The United States. Digital cameras and Internet distribution facilitated by the use of credit cards and the ease of transferring images across national borders has made it easier than ever before for users of child pornography to obtain the photographs and videos. In 2007, the British-based Internet Watch Foundation reported that child pornography on the Internet was becoming more brutal and graphic, and
3872-801: The Usenet that are pornographic on any given day' was sheer fantasy" wrote Mike Godwin in HotWired . The research was cited during a session of U.S. Congress . The student changed his name and disappeared from public view. Godwin recounts the episode in "Fighting a Cyberporn Panic" in his book Cyber Rights: Defending Free Speech in the Digital Age . The invention of the World Wide Web spurred both commercial and non-commercial distribution of pornography. The rise of pornography websites offering photos, video clips and streaming media including live webcam access allowed greater access to pornography. On
3960-452: The Web, there are both commercial and free pornography sites. The bandwidth usage of a pornography site is relatively high, and the income a free site can earn through advertising may not be sufficient to cover the costs of that bandwidth. One recent entry into the free pornography website market are Thumbnail gallery post sites. These are free websites that post links to commercial sites, providing
4048-453: The act by including a post office box or private mailbox; and (4) Clarifying that to submit a valid opt-out request, a recipient cannot be required to pay a fee, provide information other than his or her email address and opt-out preferences, or take any other steps other than sending a reply email message or visiting a single page on an Internet website. CAN-SPAM, a direct response of the growing number of complaints over spam e-mails, defines
4136-608: The act. The DMA has also opposed provisions requiring the subject line of spam to indicate that the message is an advertisement. On February 16, 2005, Anthony Greco, 18, of Cheektowaga, New York , was the first person to be arrested under the CAN-SPAM Act of 2003. After pleading guilty, he was sentenced in a closed session. Within a few months, hundreds of lawsuits had been filed by an alliance of ISPs. Many of these efforts resulted in settlements; most are still pending. Though most defendants were " John Does ," many spam operations, such as Scott Richter 's, were known. On April 29, 2004,
4224-483: The actual costs of any verification they do (for example, in excess of $ 10/month) and are really part of a revenue collection scheme where sites encourage users to sign up for an AVS system, and get a percentage of the proceeds in return. In response to concerns with regard to children accessing age-inappropriate content, the adult industry, through the Association of Sites Advocating Child Protection (ASACP) , began
4312-423: The advent of the Internet is live webcams . Webcam content can generally be divided into two categories: group shows offered to members of an adult paysite, and one-on-one private sessions usually sold on a pay-per-view basis. Server-based webcam sex shows spur unique international economics: adult models in various countries perform live webcam shows and chat for clients in affluent countries. This kind of activity
4400-441: The aspects mentioned above, there are misinterpretations and fraudulent practices that are viewed as criminal offenses: CAN-SPAM provides a limited private right of action to Internet Access Services that have been adversely affected by the receipt of emails that violate the Act; and does not allow natural persons to bring suit. A CAN-SPAM plaintiff must satisfy a higher standard of proof as compared with government agencies enforcing
4488-549: The backronym "everyone deserves a game above reproach". Many United States Congress bills have backronyms as their names; examples include the USA PATRIOT Act (Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act) of 2001, and the DREAM Act (Development, Relief, and Education for Alien Minors Act). Sometimes a backronym is reputed to have been used in
SECTION 50
#17327808015324576-552: The boot. Advertising organizations such as the Data & Marketing Association (DMA) have sought to weaken implementation of the law in various ways. These include lengthening the time for honoring opt-outs from 10 business days to 31 calendar days, limiting the validity of opt-out requests to no more than two to three years, and eliminating rewards to persons who assist the Federal Trade Commission in enforcement of
4664-478: The brand name Adidas , named after company founder Adolf "Adi" Dassler but falsely believed to be an acronym for "all day I dream about sport". The word Wiki is said to stand for "what I know is", but in fact is derived from the Hawaiian phrase wiki-wiki meaning 'fast'. Yahoo! , sometimes claimed to mean "yet another hierarchical officious oracle", in fact was chosen because Yahoo's founders liked
4752-606: The case brought against it. The Department of Justice asserted that the CAN-SPAM statute imposed strict-liability on producers such as Impulse Media for the actions of its non-agent, independent-contractor affiliates. However, the two courts to consider that argument rejected the DOJ's contention. In March 2008 the remaining defendant, Impulse Media Group, went to trial. At trial, it was determined that IMG's Affiliate Agreement specifically prohibited spam bulk-email and that if an affiliate violated that agreement, it would be terminated from
4840-400: The creation of adult wikis where the user can contribute their knowledge and recommend quality resources and links. When a user purchases a subscription to a commercial site after clicking through from a free thumbnail gallery site, the commercial site makes a payment to the owner of the free site. There are several forms of sites delivering adult content. The most common form of adult content
4928-763: The distribution of whole VCDs and DVDs. Many commercial porn sites exist that allow one to view pornographic streaming video. As of 2020, some Internet pornography sites have begun offering 5K resolution content, while 1080p and 4K resolution are still more common. Since mid-2006, advertising-supported free pornographic video sharing websites based on the YouTube format have appeared. Referred to as Porn 2.0 , these sites generally use Flash technology to distribute videos that were uploaded by users; these include user-generated content as well as scenes from commercial porn movies and advertising clips from pornographic websites. Another format of adult content that emerged with
5016-413: The easy availability of Internet pornography, especially to minors. This has led to a variety of attempts to restrict children's access to Internet pornography such as the 1996 Communications Decency Act in the United States. Some companies use an Adult Verification System (AVS) to deny access to pornography by minors. However, most Adult Verification Systems charge fees that are substantially higher than
5104-419: The email is an advertisement or a marketing solicitation. Note that recipients who have signed up to receive commercial messages from you are exempt from this rule. If a user opts out, a sender has ten days to cease sending and can use that email address only for compliance purposes. The legislation also prohibits the sale or other transfer of an e-mail address after an opt-out request. The law also requires that
5192-444: The experiences of the states and other countries that have tried "opt-out" legal frameworks, where marketers must be asked to stop, to no avail. AOL Executive Vice President and General Counsel Randall Boe stated: [CAN-SPAM] not only empowered us to help can the spam, but also to can the spammers as well. ... Our actions today clearly demonstrate that CAN-SPAM is alive and kicking — and we're using it to give hardcore, outlaw spammers
5280-764: The first commercial online pornography. A 1995 article written in The Georgetown Law Journal titled "Marketing Pornography on the Information Superhighway: A Survey of 917,410 Images, Description, Short Stories and Animations Downloaded 8.5 Million Times by Consumers in Over 2000 Cities in Forty Countries, Provinces and Territories" by Martin Rimm, a Carnegie Mellon University graduate student, claimed that (as of 1994) 83.5% of
5368-568: The formation of the original word, and amounts to a false etymology or an urban legend . Acronyms were rare in the English language before the 1930s, and most etymologies of common words or phrases that suggest origin from an acronym are false. Examples include posh , an adjective describing stylish items or members of the upper class. A popular story derives the word as an acronym from "port out, starboard home", referring to 19th-century first-class cabins on ocean liners , which were shaded from
SECTION 60
#17327808015325456-437: The images on Usenet newsgroups where images were stored were pornographic in nature. Before publication, Philip Elmer-DeWitt used the research in a Time magazine article, "On a Screen Near You: Cyberporn." The findings were attacked by journalists and civil liberties advocates who insisted the findings were seriously flawed. "Rimm's implication that he might be able to determine 'the percentage of all images available on
5544-594: The law to commercial e-mails is widely considered by those in the industry to essentially exempt purely political and religious e-mail from its specific requirements. Such non-commercial messages also have stronger First Amendment protection, as shown in Jaynes v. Commonwealth . Congress determined that the US government was showing an increased interest in the regulation of commercial electronic mail nationally, that those who send commercial e-mails should not mislead recipients over
5632-418: The mainstream networks. The use of the World Wide Web became popular with the introduction of Netscape navigator in 1994. This development paved the way for newer methods of distribution and consumption of pornography. The Internet as a medium to access pornography became so popular that in 1995 Time published a cover story titled "Cyberporn". Danni's Hard Drive started in 1995, by Danni Ashe
5720-423: The majority of viewers of online pornography were men; women tended to prefer romance novels and erotic fan fiction . Women comprised about one quarter to one third of visitors to popular pornography websites, but were only 2% of subscribers to pay sites. Subscribers with female names were flagged as signs of potential credit card fraud , because "so many of these charges result in an angry wife or mother demanding
5808-436: The most fundamental test of any anti-spam law, in that it neglects to actually tell any marketers not to spam. Instead, it gives each marketer in the United States one free shot at each consumer's e-mail inbox, and will force companies to continue to deploy costly and disruptive anti-spam technologies to block advertising messages from reaching their employees on company time and using company resources. It also fails to learn from
5896-407: The new law with dismay and disappointment, almost immediately dubbing it the "You Can Spam" Act. Internet activists who work to stop spam stated that the Act would not prevent any spam — in fact, it appeared to give federal approval to the practice, and it was feared that spam would increase as a result of the law. CAUCE (Coalition Against Unsolicited Commercial Email) stated: This legislation fails
5984-451: The number of images depicting violent abuse had risen fourfold since 2003. The CEO stated "The worrying issue is the severity and the gravity of the images is increasing. We're talking about prepubescent children being raped." About 80 percent of the children in the abusive images were female, and 91 percent appeared to be children under the age of 12. Prosecution is difficult because multiple international servers are used, sometimes to transmit
6072-399: The number of spam emails complying with the requirements of the law were estimated to be 0.27% of all spam emails. As of 2010, about 90% of email was spam. On August 25, 2005, three people were indicted on two counts of fraud and one count of criminal conspiracy. On March 6, 2006 Jennifer R. Clason, 33, of Raymond, New Hampshire , pled guilty and was to be sentenced on June 5, 2006. She faced
6160-451: The past few decades, with the largest increase driven by the people born in the 1970s and 1980s. While the study's authors noted this increase is "smaller than conventional wisdom might predict," it is still quite significant. Those who were born since the 1980s onward were the first to grow up in a world where they had access to the Internet from their teenage years, this early exposure and accessibility of Internet pornography might have been
6248-430: The primary driver of this increase. States that are highly religious and conservative were found to search for more Internet pornography. Pornographic images may be either scanned into the computer from photographs or magazines, produced with a digital camera or a frame from a video before being uploading onto a pornographic website. The JPEG format is one of the most common formats for these images. Another format
6336-523: The program. In fact, several affiliates had been terminated for that very reason. After a 2½ day trial, the jury retired to determine whether Impulse Media should be held liable for the bad acts of its affiliates. Three and one-half hours later, the jury returned with a verdict that IMG was not liable and that the emails were the fault of the affiliates. In March 2006, the FTC obtained its largest settlement to date—a $ 900,000 consent decree against Jumpstart Technologies, LLC for numerous alleged violations of
6424-462: The site soon became restricted to Netherlands only access. Pornographic videos started appearing on FTP and Gopher servers as well. Usenet newsgroups provided an early way of sharing images over the narrow bandwidth available in the early 1990s. Because of the network restrictions of the time, images had to be encoded as ascii text and then broken into sections before being posted to the Alt.binaries of
6512-434: The source or content of them, and that all recipients of such emails have a right to decline them. However, CAN-SPAM does not ban spam emailing outright, but imposes laws on using deceptive marketing methods through headings that are "materially false or misleading". In addition there are conditions that email marketers must meet in terms of their format, their content, and labeling. The three basic types of compliance defined in
6600-401: The sun on outbound voyages east (e.g. from Britain to India ) and homeward voyages west. The word's actual etymology is unknown, but more likely related to Romani påš xåra ('half-penny') or to Urdu (borrowed from Persian ) safed-pōśh ('white robes'), a term for wealthy people. Another example is the word chav , which is a derogatory term for a working-class youth. This word
6688-458: The target of the strongest efforts at curtailment is child pornography . Because of this, most Internet pornography websites based in the U.S. have a notice on their front page that they comply with 18 USC Section 2257 , which requires the keeping of records regarding the age of the people depicted in photographs, along with displaying the Name of the company record keeper. Some site operators outside
6776-635: The two most accessed pornographic websites. In 2024 and according to the DSA regulation, 59 over 100 Spaniards visits monthly one of the three biggest websites. Pornography is regarded by some as one of the driving forces behind the expansion of the World Wide Web, like camcorders , VCRs and cable television before it. Pornographic images had been transmitted over the Internet as ASCII porn but to send images over network needed computers with graphics capability and also higher network bandwidth. This
6864-473: The unsubscribe mechanism must be able to process opt-out requests for at least 30 days after the transmission of the original message. Use of automated means to register for multiple e-mail accounts from which to send spam compound other violations. It prohibits sending sexually oriented spam without the label later determined by the FTC of "SEXUALLY EXPLICIT." This label replaced the similar state labeling requirements of "ADV:ADLT" or "ADLT." CAN-SPAM makes it
6952-400: The usenet. These files could then be downloaded and then reassembled before being decoded back to an image. Automated software such as Aub ( Assemble Usenet Binaries ) allowed the automatic download and assembly of the images from a newsgroup. There was a rapid growth in the number of posts in the early 1990s but image quality was restricted by the size of files that could be posted. The method
7040-522: The websites XVideos and xHamster. The company has been alleged to be a monopoly. Starting in the 1990s, the Internet played a major part in enhancing the access of pornography by people. Usenet newsgroups provided the base for what has been called the "amateur revolution" where amateur pornographers from the late 1980s and early 1990s, with the help of digital cameras and the Internet, created and distributed their own pornographic content independent of
7128-540: The websites. In 2022, the total amount of pornographic content accessible online was estimated to be over 10,000 terabytes . The three most accessed pornographic websites are Pornhub , XVideos and xHamster . As of 2024 , a single company, Aylo , owns and operates most of the popular online streaming pornographic websites, including: Pornhub , RedTube , and YouPorn , as well as pornographic film studios like: Brazzers , Digital Playground , Men.com , Reality Kings , and Sean Cody among others, but it does not own
7216-583: The word's meaning of "rude, unsophisticated, uncouth" (taken from Jonathan Swift 's book Gulliver's Travels ). The distress call " pan-pan " is commonly stated to mean "possible assistance needed", whereas it is in fact derived from the French word panne , meaning 'breakdown'. Internet pornography Internet pornography is any pornography that is accessible over the Internet ; primarily via websites , FTP connections, peer-to-peer file sharing , or Usenet newsgroups . The greater accessibility of
7304-603: Was also used to disseminate pornographic images, which were usually scanned from adult magazines . This type of distribution was generally free (apart from fees for Internet access), and provided a great deal of anonymity. The anonymity made it safe and easy to ignore copyright restrictions, as well as protecting the identity of uploaders and downloaders. Around this time frame, pornography was also distributed via pornographic Bulletin Board Systems such as Rusty n Edie's . These BBSes could charge users for access, leading to
7392-521: Was being promoted by the use of spam. This amendment was designed to close a loophole that allowed those running affiliate programs to allow spammers to abuse their programs, and encouraged such businesses to assist the FTC in identifying such spammers. Senator Jon Corzine sponsored an amendment to allow bounties for some informants. The FTC has limited these bounties to individuals with inside information. The bounties are expected to be over $ 100,000 but none have been awarded yet. Those opposing spam greeted
7480-452: Was criticized by some anti-spam activists, some legal commentators praised it, citing a heavily punitive California law seen as over broad and a wave of allegedly dubious suits filed in Utah. CAN-SPAM allows the FTC to implement a national do-not-email list similar to the FTC's popular National Do Not Call Registry against telemarketing , or to report back to Congress why the creation of such
7568-646: Was devised by and named after Virginia Apgar . Ten years after the initial publication, the backronym APGAR was coined in the US as a mnemonic learning aid: appearance, pulse, grimace, activity, and respiration. Another example is the American Contract Bridge League's tools to address cheating in online bridge games. EDGAR was originally named for Edgar Kaplan, whose many contributions to the game included groundbreaking efforts to reduce illegal partnership communication. The new EDGAR tools expected to debut in early 2024 have been launched with
7656-548: Was possible in the late 1980s and early 1990s through the use of anonymous FTP servers and through the Gopher protocol . At this time, the Internet had widespread ever since the late 1970s. One of the early Gopher/FTP sites was at Tudelft and was called the Digital Archive on the 17th Floor. This small image archive contained some low quality scanned pornographic images that were initially available to anyone anonymously, but
7744-723: Was the first to include charges under the CAN-SPAM Act of 2003, according to the Department of Justice . The specific law that prosecutors used under the CAN-Spam Act was designed to crack down on the transmission of pornography in spam. Two other men, Andrew D. Ellifson, 31, of Scottsdale, Arizona , and Kirk F. Rogers, 43, of Manhattan Beach, California , also pled guilty to charges under the CAN-SPAM Act related to this spamming operation. Both were scheduled to be sentenced on June 5, 2006 in Phoenix. After sentencing, Ellifson received
#531468