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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