A) I think that draft is very misguided in several ways, much like
others have mentioned here.
B) Instead of assuming we're trying to come up with a term that might
slide by dumb joe/jane sixpacks, particularly if you get to argue them
to death should they doubt you, instead assume you're trying to come
up with a terminology which would be reasonable to a smart
lawyer/judge/engineer with experience in the field who isn't being
actively evil or hostile tho is possibly advocating a contrary
viewpoint (e.g., his/her client feels s/he/it has been damaged.)
You're not going to just win with some tricky or vague term, but we
can at least shoot for honest and forthright. And if not then back off
because you're going to be laid bare.
THAT SAID...
I'd suggest an analogy with something more like a credit database or
these lists landlords share of deadbeat tenants or casinos keep of
people they believe (and by their definition) cheat (forget the fancy
hard case card counters etc I mean people who will get caught palming
cards, stealing chips from tables, various slight-of-hand tricks to
make it seem like they bet on the winner or didn't on a loser, hustle
patrons, etc.) Ok, the latter isn't usually a third-party function
but there's some analogy there.
No one forces anyone to make a particular decision based on a credit
rating. In fact, some firms seek out customers with poor credit or at
any rate (hah) welcome them albeit with less than optimal terms.
Anyhow you're not going to entirely escape the the liability for
potential errors and/or maliciousness (it's happened to me) except
perhaps by being able to assert that the information was gathered and
reported in a responsible and reasonable best effort kind of way.
The point being: Go for honest and forthright.
These blacklists gather and redistribute information on certain
negative aspects of email sources, and by omission imply neutrality.
That's what people use them for, when they use them.
Much like a credit reporting agency, if an analogy is
needed. Including an admittedly variable ability to contest inclusion
and clear their inclusion.
--
-Barry Shein
The World | bzs(_at_)TheWorld(_dot_)com |
http://www.TheWorld.com
Purveyors to the Trade | Voice: 800-THE-WRLD | Login: Nationwide
Software Tool & Die | Public Access Internet | SINCE 1989 *oo*
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