ietf-asrg
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Re: [Asrg] Legal Suggestions ....

2003-04-16 19:30:04
From: waltdnes(_at_)waltdnes(_dot_)org

============         =============        ===========
|   SENDER   |       | THIRD PARTY |      |  RECIEVER |
| (and isp)  |<=====>| (internet)  |<====>| (and isp) |
============         =============        ===========

The third party should not block mail.

  One clarification; in this scenario, "THIRD PARTY" is either an
upstream of "RECIEVER" ISP, or a peer through whom traffic flows.

  DNSbls like Osirusoft and SPEWS are not physically capable of doing
any blocking.  DNSbls are 3rd parties *WHO ARE CONSULTED BY "RECIEVER
(and/or isp)"*.  The final decision to block/not-block is never made by
a DNSbl, it is made by the party that consults the DNSbl.  Local lists
or policies can and do override the DNSbl's *RECOMMENDATION*.

What happens when a transit provider uses the BGP feed of the RBL(tm)?
Is it not possible for the transit provider not have any contract or
even contact with either the "SENDER (and isp)" or "RECIEVER (and isp)"?
Didn't something that almost but didn't quite fit that scenario happen
with Above.net and "SENDER (and isp)" in New Zealand?


My suggestion is to leave the lawyering to the lawyers, including the
familiar controversy over whether DNS blacklists only recommend and
never block.  Even if we get the lawyering right, the lawyers will
insist on re-doing it.


Vernon Schryver    vjs(_at_)rhyolite(_dot_)com
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