ietf-asrg
[Top] [All Lists]

Re: [Asrg] Server banner tags

2003-03-17 07:05:13
At 11:09 PM -0500 3/16/03, John R Levine wrote:
A couple of years ago Paul Hoffman and I worked out a scheme of SMTP
banner tags that server owners could use to publish their spam policies.
Laws about bulk mail could then require that mailers obey the tags.

The U.S. courts have already ruled that there is an assumption of knowledge by the spammer. They are expected to understand that the recipient's AUP does not allow spamming--even if they have not read it. This has been instrumental in a number of spammer court cases. For more details, see the legal talk by Jon Praed at the MIT Spam Conference (http://www.spamconference.org/praed.pdf) or better yet, watch the video http://web.mit.edu/webcast/spamconf03/mit-spamconf-s4-26100-17jan03-1600-80k.ram (34 minutes into the webcast).

Spamming is already illegal (at least from the standpoint of the ISP/Spammer relationship it constitutes trespassing--an illegal use of property). Unfortunately I suspect it costs more to bring a case to suit than you get in return. The existing cases I think have been prosecuted mainly as a deterrent. (I asked Jon Praed what an average suit cost, but he wouldn't give me a direct answer.)
--
Kee Hinckley
http://www.puremessaging.com/        Junk-Free Email Filtering
http://commons.somewhere.com/buzz/   Writings on Technology and Society

I'm not sure which upsets me more: that people are so unwilling to accept
responsibility for their own actions, or that they are so eager to regulate
everyone else's.
_______________________________________________
Asrg mailing list
Asrg(_at_)ietf(_dot_)org
https://www1.ietf.org/mailman/listinfo/asrg



<Prev in Thread] Current Thread [Next in Thread>