On May 6, 2004 at 20:01 research(_at_)solidmatrix(_dot_)com (Yakov
Shafranovich) wrote:
Would you say that publishing such data puts the MTA operator at a legal
liability just because others would use it?
IANAL.
But off-hand it reminds me of how they used to announce the winners in
the illegal numbers racket in NYC. The last 3 digits of the day's
parimutuel betting at Belmont, published with the race results in the
daily papers, would be the winning numbers.
Now, I doubt Belmont racetrack could be held liable for aiding and
abetting the numbers racket, tho I believe they voluntarily agreed to
just round off to zeros to stop the practice.
So it would seem to me to make a difference that in one case the
information is clearly being published soas to create a blacklist, and
is being represented as such. While in the other case it could be
generally useful information used in all sorts of ways. It's not like
telephone directories invite phone harrassment.
I think my best advice is that if I were to run a public spam
blacklist I'd bounce it around with an atty if I had assets to
protect, unless I were operating in a country where litigation by
spammers for something like tortious interference isn't a realistic
concern.
My concern was only that a blacklist BCP document could provide fodder
for the wrong people in an already charged and potentially litigious
atmosphere.
That doesn't necessarily argue for or against the document's
existence, it may just be a fact (or an observation anyhow.)
--
-Barry Shein
Software Tool & Die | bzs(_at_)TheWorld(_dot_)com |
http://www.TheWorld.com
Purveyors to the Trade | Voice: 617-739-0202 | Login: 617-739-WRLD
The World | Public Access Internet | Since 1989 *oo*
_______________________________________________
Asrg mailing list
Asrg(_at_)ietf(_dot_)org
https://www1.ietf.org/mailman/listinfo/asrg