on 8/13/2002 1:39 PM Michael Froomkin - U.Miami School of Law wrote:
One significant difference is that an international junk fax is not
usually economically practicable on a large scale. Hitting an open
relay is (I think). As soon as the law enforcement problem crosses a
border it gets harder, not least because the act needs to be illegal in
the country of resident of the spammer....
This is where spam laws would have to deviate from the existing junk fax
laws. While the latter targets the senders, the former would have to
target the beneficiary. EG, if the spam comes from Russia but the
beneficiary is stateside, the beneficiary should get penalized based on
that fact alone. [yes this is US-centric, substitute accordingly]
Another more insidious bowl of noodles is dealing with joe-jobs
--
Eric A. Hall http://www.ehsco.com/
Internet Core Protocols http://www.oreilly.com/catalog/coreprot/