Re: SMTP Minimum Retry Period - Proposal To Modify Mx

On Sat, 10 Jan 2004 12:48:39 EST, ietf(_at_)flatsurface(_dot_)com (Mike S)  
said:

> The relevant code is relatively new, so only limited, if any, case law can be 
> expected to be extant in any case.> 
http://www.usdoj.gov/criminal/cybercrime/1030_new.html

Title of the page is "18 USC 1030, as amended Oct 11, 1996".  And the language 
you
cite from 18 USC 1030 (5)(A)(i) was in there back then.  In 1996. Plenty of 
time to
build up case law.

Interesting that no spammer seems to have actually brought suit under 18 USC 
1030 (g):

http://www4.law.cornell.edu/uscode/18/1030.html

"Any person who suffers damage or loss by reason of a violation of this section
may maintain a civil action against the violator to obtain compensatory damages
and injunctive relief or other equitable relief. A civil action for a violation
of this section may be brought only if the conduct involves 1 of the factors
set forth in clause (i), (ii), (iii), (iv), or (v) of subsection (a)(5)(B).
Damages for a violation involving only conduct described in subsection
(a)(5)(B)(i) are limited to economic damages. No action may be brought under
this subsection unless such action is begun within 2 years of the date of the
act complained of or the date of the discovery of the damage. No action may be
brought under this subsection for the negligent design or manufacture of
computer hardware, computer software, or firmware.

I'm sure if that legal theory were sustainable, MAPS would have been served 
notice
of a lawsuit by now....  And I know there's people from MAPS lurking here, so
if they want to chime up that such a lawsuit has made it past the preliminary
stages (i.e. didn't get thrown out by a judge immediately), they can...

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