I've lived in California my entire life, and I suspect that my state would probably still belong to Mexico instead of the USA, if it hadn't been annexed after the discovery of gold in 1849. Apparently, the concept of "Capitalism" and "Business" is what America wanted in California, and that is why we are part of this Nation. I’m actually a seventh-generation Californian, whose great-great grandfather founded UCLA and (essentially, thereby) the entire UC school system. My great-grandfather designed the LA Harbor, one of the largest harbors in the world. Another great grandfather started the profitable “Entertainment Industry” in Los Angeles, by recruiting the first professional performers in the 1890’s. Another great-great grandfather was the first Protestant/Baptist Minister in the state of California. I have long roots here, and I feel like I have a right to be here, and to practice a Capitalistic ideology with freedom.
Nonetheless, certain people in "Government" (i.e. State Government) have introduced a new bill in California which would make all "unsolicited" email contacts (even about highly legitimate job opportunities, offered free of any charge whatsoever) illegal. This is tantamount to outlawing my job, in many ways. This is clearly unconstitutional on multiple grounds, including it being a “hate crime” against people in my profession, a restriction of Freedom of Speech, and interference with interstate commerce (which is a RICO violation of the US Federal codes), and a blatant violation of Federal Law (i.e. the CAN-SPAM act).
So, given the wording of the new law, if (as a Recruiter) I research that someone is potentially a perfect match for a job requirement that involves a PhD, expertise in 3D printing, and other rare skills like ‘rheology’ and ‘biomimetic materials’; I am potentially at risk to send that person a one-line email: "Are you interested in a great job opportunity using your skills?" Apparently, it gets even worse if I actually include a whole one-page job description. According to the law (the new law under consideration) it doesn't matter if the 'job offer' is completely legitimate, how much the offer is, or how well-researched the inquiry is... “Unsolicited email” is always unsolicited, no matter if many other avenues have been tried to approach the candidate (phone, letter, doorbell-ringing, etc.)
First of all, though, these aren't really "job offers"... they are actually inquiries about potential interest in job offers, IF the candidate is really interested AND the employer is, too. The term "employment offer" would be actually be specious and highly presumptive if taken literally, simply because there are inherently and obviously other potential candidates. The “offer” is not even possible to extend to an unknown candidate on a first email, anyway, basically. This is common sense... So, the language used in the legislation might itself provide a clear "opt out" for any recruiter who uses email to approach potential candidates.
Also, the language of the law is sufficiently broad that it encompasses "any commercial email"... Such as when a job applicant sends a resume to a company which has advertised an open position. According to the letter of the law, stupidly written by clownish Socialists, apparently, anyone who sends me a resume I don't like automatically owes me $100, or $10000, or $1000000, depending on what nit-wit law you want to use as "precedent". Maybe I should be happy with this. I get unrequested resumes all the time, and I am never rude to them, and often volunteer free career advice which is highly valuable...
Frankly, this law is stupider than stupid. We actually pay our Legislators to do intelligent work, and instead they are creating laws that not only violate Federal Law, but are actually "Hate Crimes" against people in specific professions, apparently. Not only that, but unfortunately, “Anti-spam” legislation has mostly produced nothing but more spam. For example, China has a death-penalty for spam, and they are still the most notorious and prodigious producers of spam in the World, today.
In the USA, we have spammer legislators in office, for the most part, who send us email that demonstrates complete lack of literacy or ability to think rationally. An example would be the mail I received from a California Senator I will not name, just this month. Yet, these thugs and goons have decided to give themselves immunity for "political" email spam... even though it is obviously (and heinously, corruptly) commercial.
I don't know about you, but I'm disgusted. Write your Senator and/or Congressman and tell them to get their heads out of their ***.