ietf-asrg
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RE: [Asrg] Thoughts so far

2003-03-14 13:18:51
The world is not larger then US alone. There is nothing stopping spammers 
from buying software in other countries to be used on their servers which 
are also mostly based outside us. I do not see how us laws can be applied
in this case. And you're not even trying to go after spammers but software 
vendors which is even futher from us soil. No I think this kind of law 
will do nothing to effect spam.

On Fri, 14 Mar 2003, Doug Phillips wrote:

Bringing lawsuits against individual senders of spam is economically 
unattractive to most lawyers and potential plaintiffs.  Litigation is 
expensive, thousands of suits would need to be brought to have any impact, 
and even if substantial damages were awarded, collecting the damages from 
individual spammers would be difficult.

On the other hand, it might well be economical, if appropriate laws were in 
place, to take civil or criminal action against the vendors of the software 
that people use to send spam.  Of course, merely creating software that can 
be used for mass mailings is not and should not be illegal (and making it so 
would surely be unconstitutional).  But what potentially could be made 
illegal is the marketing of software tools for defeating anti-spam 
technologies.  Such a provision would be analogous to the anti-circumvention 
provisions of the Digital Millennium Copyright Act, which is enforceable 
through both civil and criminal proceedings.

Anti-circumvention legislation designed to prevent the marketing of software 
for defeating anti-spam technologies could also be challenged on 
constitutional grounds, but almost surely could be crafted so as to 
withstand constitutional challenge.  While by definition such an approach is 
not a solution in and of itself, it could be used to strengthen 
technological strategies against spam.

Doug Phillips
(Vicious Attack Lawyer)


-----Original Message-----
From: Valdis(_dot_)Kletnieks(_at_)vt(_dot_)edu 
[mailto:Valdis(_dot_)Kletnieks(_at_)vt(_dot_)edu]
Sent: Friday, March 14, 2003 1:54 PM
To: David F. Skoll
Cc: asrg(_at_)ietf(_dot_)org
Subject: Re: [Asrg] Thoughts so far


On Fri, 14 Mar 2003 10:48:08 EST, "David F. Skoll"
<dfs(_at_)roaringpenguin(_dot_)com>  said:
 > On Fri, 14 Mar 2003, Jason Hihn wrote:
 >
 > > > Technology alone won't solve this problem.  Laws with real teeth
 > > > are required.
 > > > However, I'm not holding my breath.
 >
 > > It's technology's problem. Tech created it, tech will have to fix
it.
 >
 > I don't agree.  It's a social and economic problem as much as a
 > technological problem.

Don't expect to win on social/economic points unless you have a really
well-bankrolled team of vicious attack lawyers.

http://yro.slashdot.org/article.pl?sid=03/03/11/223248&mode=nocomment

Executive summary:  Microsoft doesn't like Washington's anti-spam laws.
<< ATT00053.dat >>

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