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Re: Indiustry Alliance Publish Anti-Spam Proposals

2004-06-24 10:57:45
I am not a lawyer.

I just run a private email network.

-Carl

nkadel(_at_)merl(_dot_)com wrote:

----- Original Message ----- From: "Carl Hutzler" <cdhutzler(_at_)aol(_dot_)com>
To: <spf-discuss(_at_)v2(_dot_)listbox(_dot_)com>
Sent: Wednesday, June 23, 2004 7:48 AM
Subject: Re: [spf-discuss] Indiustry Alliance Publish Anti-Spam Proposals


Simply put, if a legitimate bulk mailer is sending UCE and we get
feedback on that from our members, we block them.

No court case.
No hassel.

I'm sorry, Carl, but you are extremely mistaken on this issue. If even one
of your members wants it, you can be in deep trouble for interfering with it
under the Electronic Communications Privacy Act, and the spammer may get
fiscal or legal support from the Direct Marketing Association. By stepping
in as a content censor rather than a *bulk* blocker, you are clearly judging
the email based on its content. And once you've taken that step, you can be
held liable for failing to block other commercial email, such as porn sent
to minors, sedition under the Patriot Act, malpractice for "Viagra sales"
done through the email, etc., etc. It's not that it's reasonable: it's that
to be a "common carrier", you have to act like one and carry even detestable
material, without playing "pick and choose", or you become responsible for
the content.

This is partially why defining spam as "Unsolicited Commercial Email" is
always, always, always a mistake. Stay away from trying to define the
content, simply use the older term "Unsolicited Bulk Email" or "Unsolicited
Bulk Communications" and you will stand a much better chance in court, or in
implementing the filters.

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--
Carl Hutzler
Director, AntiSpam Operations
America Online Mail Operations
cdhutzler(_at_)aol(_dot_)com
703.265.5521 work
703.915.6862 cell