On Monday, March 17, 2003, at 04:57 PM, John Morris wrote:
will affect the constitutional analysis. But it is likely that any
spam legislation in the U.S. -- to be upheld in the long run -- will
be limited to restrictions on commercial spam. (And I'd suggest that
discussions of the meaning of "commercial" in this context take place
off list.)
I think a better approach at least for the first cut is to work towards
attacks on spam for the fraudulent aspects, as in making it illegal to
send e-mail with fraudulent return addresses to try to give ISPs a
hatchet to go after the folks using open relays. Worry about how to
deal with badly behaving mass mailers using real addresses through
other means, or as a second round of legislation.
--
Chuq Von Rospach, Architech
chuqui(_at_)plaidworks(_dot_)com -- http://www.plaidworks.com/chuqui/blog/
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