From: "Hallam-Baker, Phillip" <pbaker(_at_)verisign(_dot_)com>
No try, "The owner of this server has undertaken not to spam and
if they do not you can serve papers at this address"
We already have as much of that as is possible without legislation
in domain name and IP address whois records.
No we don't. Look at the number of people who entered the
Network Solutions address into WHOIS as their contact details.
At least we know those addresses are fake, there are lots
more that are fake. ...
When the domain name whois records are false, whois records for the
IP address are never fake. Even when a SWIPEd record is bogus, you
can *always* treat the issuing ISP as responsible for the spam and
serve papers on it, naming it as the party responsible for the spam.
If the ISP cannot provide a creditable name and address of a customer,
then it is at fault and should be on the hook for damages and fines.
In theory you can get a telephone number under an assumed name and
proceed to violate the TCPA. You can also program your FAX blasting
equipment to omit or lie in the FAX source tag and use a PBX to generat
a fake or no CID. However, in practice those are not and have not
been sufficient to shield you from anyone determined to use the TCPA
against you. An IP address and spam are very much like a telephone
number an illegal telemarking or fax calls. The reasons the TCPA has
had only limited, but significant success have nothing to do with the
fact that telemarketing calls and junk faxes lack digital signatures.
Vernon Schryver vjs(_at_)rhyolite(_dot_)com
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