Eric writes
You're ignoring the reality that if CAN-SPAM passes, there
*will* be a
spam-labeling standard. The question is only whether it will
be a well-
designed one or a badly-designed one. If we "don't recommend", we'll
get one designed by a bureaucrat -- or, worse, a
telemarketing lobbyist.
Eric is completely right about this. If you look into the legal issues it is
very easy to see why the bill has a labelling requirement.
Labelling makes no sense in the context of technical enforcement. It makes a
great deal of sense if you are dealling with first ammendment issues and
enforcement.
We are being given an open opportunity to design a labeling system
that works well. What bill have you ever heard of that actually
*solicits IETF input*? We must *not* *blow* *this*.
It is pretty rare to see any requirement for consultation of any non-federal
agency other than the academy of sciences.
Matthew:
1. This was tried already in California, and failed abysmally. It
won't be enforced or effective.
California ain't the Feds.
The California bill has only been signed a few months. It is far too soon to
know what effect it will have. At the FTC workshop the lawyers for the
states mostly stated that they were acting in order to spur federal action.
4. It doesn't prohibit software whose purpose is creating
or sending
email with FALSE OR MISLEADING TRANSMISSION INFORMATION.
Now *you're* being horribly naive. Haven't you learned anything from
the history of the DMCA, or for that matter the continued and
horrifying abuses of drug- firearms-, and porn-possession laws? Laws
that criminalize the possession of things, rather that specific
*behaviors*, are open invitations to abuse.
The possession of spam software is not illegal in itself but would provide
evidence supporting a case that a spamming act had been performed.
Design of a spam feature to allow evasion of a particlar countermeasure
might not be criminal in itself but conspiring with a spammer to create such
could be.
Phill
_______________________________________________
Asrg mailing list
Asrg(_at_)ietf(_dot_)org
https://www1.ietf.org/mailman/listinfo/asrg