ietf-asrg
[Top] [All Lists]

Re: [Asrg] Giving Public Notice ....

2003-03-18 11:27:36
On Tue, Mar 18, 2003 at 01:06:33PM -0500, Chris Lewis wrote:

That's Germany.  The law in the US and Canada is different.

I know. Are we searching for solutions that work in USA and
Canada, or for solutions that work anywhere?





Ie: what if a child of 8 years old was "caught" spamming pornography 
ads?  Don't suggest that the law has no recourse - the child may well be 
taken into custody by "Children's Aid"/"Foster care" (or local 
equivalent), or the courts may refuse to accept the child is doing it on 
their own, and promptly charge the person who talked the child into 
doing it.

The porn example is a little bit harsh. Let's take an example a 
little bit closer to reality. Have a 13 year old boy sending tons 
of spam complaining about his teachers, ads for some shop or whatever.

That child would definitely not taken into any custody, since the
german constitution protects the family. This would be a severe
violation of the child's constitutional rights. And it would be 
disproportional, which also violates german constitution.

I am aware that such things are handled differently in the US.
In european eyes it is absolutely ridiculous how US laws/courts
treat children and youngsters. But that's far off-topic. 

We should be aware that we cannot use anti-spam methods that
depend on the US law or the US way of interpreting human rights.
Anti-Spam methods must work everywhere on the world. So try
to not limit your view on the USA.

Hadmut
_______________________________________________
Asrg mailing list
Asrg(_at_)ietf(_dot_)org
https://www1.ietf.org/mailman/listinfo/asrg