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RE: [Asrg] 2. Legal - Last Call: 'A No Soliciting SMTP Service Ex tension' to Proposed Standard

2004-01-28 07:49:03
The legal standard you are trying to achieve here is constructive notice.

IANAL but I have spent a considerable time with lawyers and the
International Chamber of Commerce (ICC) tring to establish an international
registry for notice documents such as would achieve constructive notice. It
is a very hard problem.


Instead I would suggest that you abandon the keyword approach entirely and
use a referential mechanism based on URIs alone. It is not necessary for the
mechanism to guarantee that the end user achieve constructive notice
acceptable to a court of relevant jurisdiction, it is merely necessary to
give the user the ability to achieve it.

The best way to achieve constructive notice would be to use a URI that was
a-priori bound to a mechanism that ensured that the name could be resolved
to a unique document, i.e. a URN. This is actually quite difficult in
practice since there are not many URN sequences that are established in a
manner that would be likely to be considered notice. The IETF document
sequence is arguably one such sequence.

A more practical alternative would be to register the policy document with a
third party who made some undertaking to make the document available for
reading at any time, track modifications to the document, etc.


                Phill

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