Parents across America smiled as the US Federal Trade Commission humiliated several alleged porn peddlers. Rules broken include no “SEXUALLY EXPLICIT” labeling, no opt-out and no mailing address. FTC’s take from BangBros.com Inc., MD Media, APC Entertainment, Inc., Pure Marketing Solutions, LLC, and Internet Matrix Technology: Over US$1.1 million.

Problem is, everybody freely agrees that they didn’t do it. Their affiliates did. FTC’s complaint says “Defendants have procured the transmission of such messages and are thereby initiators, as that term is defined under CAN-SPAM, of the email messages sent by their affiliates that promote and market Defendants’ web sites. In addition, because Defendants’ web sites are being advertised or promoted by such messages, Defendants are also senders, as that term is defined under CAN-SPAM, of the email messages that their affiliates are transmitting on Defendants’ behalf.”

Obviously, this boils down to a case of “It depends on what the meaning of procure is.”

“Section 3(12) of the CAN-SPAM Act, 15 U.S.C. 7702(12), defines “procure,” when used with respect to the initiation of a commercial email message, to mean: intentionally to pay or provide other consideration to, or induce, another person to initiate such a message on one’s behalf.”

Ouch.

Adult-erotica advocate Sir Rodney laments: “The porn companies do everything they can to discourage spam. The porn companies hire people to promote their sites, and sometimes these individuals don’t play by the rules. It’s like blaming Coca Cola if some crazy salesmen throws a coke can at you and it hits you in the head. Obviously, Coca Cola does not condone that kind of sales tactic.”

Sir Rodney misses the mark. Affiliates aren’t employees. They are ostensibly independent sales outfits. Nevertheless, it is legitimate to ask: “Is Kodak responsible for every convenience store that peddles its film?”

After all, if the feds can take this ground on the Web, they can take it on the street. Celebrants would be wise watch their backs.