Re: [Asrg] Opt-Out Notes: too complicated, ignoring history

[Kee Hinckley <nazgul@somewhere.com>]

At 12:42 AM -0500 3/28/03, John R Levine wrote:
> Server banners in practice give users a whole lot more choice than they
> have now.  No ISP offers unfiltered mail, since their spool disks would
> fill up in seconds.
You lost me there.  You're claiming that there are no ISPs that don't 
filter spam?  That isn't true.

You claim that this allows anyone to opt-out, but anyone who doesn't 
will be flooded with too much email.  Why bother having opt-out then? 
Just make it illegal.

Which leads me to the final point.  The courts have already ruled (in 
the U.S.) that an ISPs AUP is sufficient (even if not read by the 
spammer) to make spam illegal. (Watch the legal presentation at the 
MIT spam conference.) So the banner is not necessary.  And a 
web-based AUP is far easier to implement, doesn't require the support 
of MX servers, and can be done on a per-domain basis.

Note that the fact that this makes spam illegal hasn't particularly 
changed anything.
--
Kee Hinckley
http://www.puremessaging.com/        Junk-Free Email Filtering
http://commons.somewhere.com/buzz/   Writings on Technology and Society

I'm not sure which upsets me more: that people are so unwilling to accept
responsibility for their own actions, or that they are so eager to regulate
everyone else's.
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