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Re: [Asrg] 6. Proposals: MTA MARK vs port 25 filtering?

2003-12-18 16:13:35
Hector Santos wrote:
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.


This is a legal issue, and we are not lawyers. What exactly this law will do is subject to debate by LAWYERS, not engineers. From the ASRG charter (http://www.irtf.org/charters/asrg.html):

"ASRG will not pursue research into legal issues of spam, other than
the extent to which these issues affect, support, or constrain the
technology."

This topic is out of scope for the ASRG.

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.


Since the IAB is the liason for the entire IETF, this is something to be taken up with them or on the main IETF list. From the IAB charter (RFC 2850):

"2.  The Role of the IAB
...
  (f) External Liaison

   The IAB acts as representative of the interests of the IETF and the
   Internet Society in technical liaison relationships with other
   organizations concerned with standards and other technical and
   organizational issues relevant to the world-wide Internet.
"


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Yakov Shafranovich / asrg <at> shaftek.org
SolidMatrix Technologies, Inc. / research <at> solidmatrix.com
"Why are both drug addicts and computer aficionados both called users?" (Clifford Stoll)
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