I would be on the side that after you after you given the right the send,
it would be the professional and ethical duty of the "messenger" to deliver
it. That is where ECPA issues may arise and now CAN-SPAM regardless what
Section 8 says. CAN-SPAM may not change the fact that policy issues may
prevail, the fact is ONCE you do accept a message, you can't just get like
it go into the LA-LA land without a policy reason.
People better start waking up to the reality that CAN-SPAM will give
SPAMMERS the "right" to send as long as they follow the rules and law. If
you don't think they will use this in their favor in situations where ISPs
and sites are "blocking" them, then be ready for a rude awakening. If the
SPAMMER has a "conceptual contract" with the user and you being to block
this mail when they did everything in the rule books, look out for fan
debris.
The IETF best get on the bandwagon to get the specifications cleared up and
begin to make them consistent with the law ASAP, not 18 months from now.
-- Hector
----- Original Message -----
From: "David Maxwell" <david(_at_)crlf(_dot_)net>
To: "Markus Stumpf" <maex-lists-spam-ietf-asrg(_at_)Space(_dot_)Net>
Cc: "Alan DeKok" <aland(_at_)ox(_dot_)org>; <asrg(_at_)ietf(_dot_)org>
Sent: Thursday, December 18, 2003 5:24 PM
Subject: Re: [Asrg] 6. Proposals: MTA MARK vs port 25 filtering?
Markus Stumpf <maex-lists-spam-ietf-asrg(_at_)Space(_dot_)Net> wrote:
But with the presumption of innocence each one should be allowed to send
a mail to another person on the internet without some authority blocking
it by default "just because".
Is the ability to send SMTP email a right, or a privilege?
(In most places) You don't get a driver's license without passing a
test, and you can't legally drive without one.
That doesn't mean that you're presumed to be a guilty driver.
--
David Maxwell, david(_at_)vex(_dot_)net|david(_at_)maxwell(_dot_)net --> The
only difference I
see
between voodoo and marketing research is that voodoo sometimes works!
- Leonard Stern
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