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Re: [Asrg] Server banner tags

2003-03-17 07:55:20
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

I'm pretty sure that in all the cases listed in his slides, the ISP had
sent a regular paper notice to the spammer telling him to stop.  I've
helped draft a few state anti-spam laws, and the issue of notice to the
spammer is definitely an open one.

A couple of proposed laws, one of which may have been passed, had much
uglier notice provisions, like putting it on the home page with the same
name as the email address, for some ill-defined definition of "same name".
Banner tags are way better than that.

Regards,
John Levine, johnl(_at_)iecc(_dot_)com, Primary Perpetrator of "The Internet 
for Dummies",
Information Superhighwayman wanna-be, http://iecc.com/johnl, Sewer Commissioner
"More Wiener schnitzel, please", said Tom, revealingly.


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