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RE: DEPLOY: Legal liability for creating bounces from forged messages

2004-08-24 10:59:21

That may be sufficient for some to believe, but "ignorance is
no excuse" has been the big stick that
many courts have wielded time and again.

Ignorance of the law is no excuse. Absence of intent or knowledge
on the other hand is one of the strongest defenses possible in
almost all cases.

Look up Mens Rea.


The "culpable mental state" of Mens Rea is not applicable here:
1) We are bouncing BECAUSE we know the email to be bad with reasonable high 
probability,
2) the bounce recipient is known to be invalid  (which is what I object to, 
don't bounce to when you
*know* the bounce target is an uninvolved third party)

Terry Fielder
Manager Software Development and Deployment
Great Gulf Homes / Ashton Woods Homes
terry(_at_)greatgulfhomes(_dot_)com
Fax: (416) 441-9085