At 09:58 PM 1/12/2004, Dean Anderson wrote...
On Mon, 12 Jan 2004, Mike S wrote:
1) privacy - routing via my ISP's outbound SMTP gives them
the right to intercept and read my email, according the ECPA;
Err, Just the opposite is more freqently the case.The ECPA specifically
prohibits the ISP from exceeding its limited authority.
Cite, please. I've got one:
"(2)(a)(i) It shall not be unlawful under this chapter for an ... agent of a
provider of wire or electronic communication service, whose facilities
are used in the transmission of a wire or electronic communication, to
intercept, disclose, or use that communication in the normal course of his
employment..."
2) control - sending from my own system allows me to control retry
attempts and times, instead of being forced to wait 4 days for my ISP
to bounce an undelivered back to me, assuming they don't just silently
lose it.
If your contract allows you to run your own system, then the ISP would not
be allowed to prevent you from doing that. This could be made into an
ECPA issue---some people think it is merely and only a contract
non-performance issue and said contract excludes liability for failure to
perform. Like the Sherman Anti-Trust Act, the ECPA is a criminal statute
with civil actions permitted, and carries its own civil and criminal
penalties.
My ISP's support of the MAPS DUL, and the use of the MAPS system by others, is
a violation of 18 U.S.C. 1030. Email me for details, but I've covered this on
this list recently.
Of course, if your contract does not allow you to run your own system,
then you don't have a complaint about blacklists blocking it.
There is nothing to prohibit direct routing of email.