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Re: DMARC from the perspective of the listadmin of a bunch of SMALL community lists

2014-04-24 20:17:57
Can you provide a legal citation?  That would be really cool!

1. Blocking EMail based on DMARC policy is illegal per �206 Abs. 2 Nr. 2 StGB.

2. Actually, even looking at rfc5322.From (rather than MAIL FROM:) for
  the purpose of looking up DMARC policy records 
  is illegal per �206 Abs. 2 Nr. 1 StGB.

3. Any DMARC-triggered reporting about forwarded emails is also illegal
  per �206 Abs. 1 StGB and �88 TKG.

If that's true, how can spam filtering be legal?  The phrase "without
authorization" is pretty elastic, and all the ISPs I know consider themselves
authorized to mange user mail any way they want.


The DMARC policy scheme is actually censoring of a telecommunication 
between a messge sender and a message receiver through a telecommunications
provider by some _outside_ third party.  So in the US a p=reject DMARC policy
might potentially be freedom of speech (1st Amendment) violation.

Uh, no.  The First Amendment does not affect private entities, and
case law (White Buffalo vs. Texas) says that government entities have
broad discretion to do network management when acting as ISPs.

R's,
John

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