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Re: [Asrg] Legal Suggestions ....

2003-04-13 18:02:51
From: Richard Cox <list-asrg(_at_)mandarin(_dot_)org>
On 13 Apr 2003 01:35:56 UTC waltdnes(_at_)waltdnes(_dot_)org wrote:

| I don't ask governments for extra assistance

Given the state of the internet, I do ask for some specific assistance.

The specifics are the things that I cannot provide for myself, namely
(a) the right to seek damages against providers who knowingly allow
    insecure or compromised machines that have been abused to remain
    online, and
(b) that it be made an offence to publish false or misleading routing
    information of any nature (perhaps that was in a recent proposal,
    but if so, it's extremely poorly worded!)
(c) governments should reach treaties with other governments to ensure
    that these provisions extend to as many nations as possible, and
    take precedence over any "Data Protection" laws, where such exist.

| All I ask for is...
{snip}

|   b) that ISP's and blocklist maintainers be held harmless for
|      good-faith efforts to block/reduce unwanted email.  This includes
|      deliberate boycotts of non-spamming address space of bandwidth
|      providers who host spammers in other parts of their address space.

What you seek I support in its entirety.  I question only the wisdom of
saying anything to legislators which appears to endorse anything that is
described as "deliberate boycotts of" anything.  The words are emotive;
you probably won't get the reaction you need by phrasing it that way.

Were you to have said:

    b) that ISP's and network operators be held harmless for
       good-faith efforts intended to block/reduce unwanted email.
       This includes the sharing of full details of their policies
       and of any resulting restrictions actually imposed ...

then, remembering that a blocklist is no more than a re-statement of
its owner's own acceptance policies, there would be less risk of any
misunderstanding.

Personaly I think it is the recipients responsability to block their own spam. It upsets me when I hear about legitimate mail being blocked. any "good faith" system using todays weak reasoning will dump some legitimate mail. Ulimately it is the recipients decision about what they want to recieve. I feel that any system to block mail, that is not agreed to by the recipients, should be illegal. There are substantial penalties for interfering with postal mail. Email should be as protected as postal mail is from third party interference.

John Fenley

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