-----Original Message-----
From: asrg-admin(_at_)ietf(_dot_)org
[mailto:asrg-admin(_at_)ietf(_dot_)org]On Behalf Of Chris
Lewis
Sent: Tuesday, March 11, 2003 4:29 PM
To: Asrg(_at_)ietf(_dot_)org
Subject: Re: [Asrg] Opt-out lists and legislation
Michael Ellis wrote:
It would be particularly difficult to craft legislation that _didn't_
cover everyone involved in a spam, whether the spammer itself, or the
spammed-for person or... If only by invoking "conspiracy to commit"...
It would be my opinion that any legislation broad enough to
cover everyone
even with 'conspiracy to commit' would then be struck down as
unconstitutional
by the U.S. supreme Court just like COPA just died
You're thinking way too complicated...
If you pay someone to commit a crime, then you're guilty of that
crime too.
If spamming US citizens is a crime, then the person in the US who paid
the, say, Taiwanese bulker, to spam US citizens, is guilty of it too.
Given that something like 80% of spam is flogging US-based services in
one way or another, that's a huge bite.
You also think that he government has the time and money (or power) to
prosecute these people? You need $5000 in damage just to get the FBI to LOOK
at a domestic cyber crime. Do you think that the FBI, CIA, or Dept. Homeland
Sec. will have the facilities to be effective? And what's in it for a
foreign gov't if you get a foreign government to go after their citizen?
N-o-p-e. Not going to happen.
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