Re: [Asrg] Anti-spam laws do work, FYI. There's proof.

[Seth Breidbart <sethb at panix.com>]

"David Wall" <d.wall at computer.org> wrote:
>> > Quoting Seth Breidbart <sethb at panix.com>:
>> >> The tradeoff between spam accepted and non-spam lost is up to the
>> >> user.
>> >
>> > And not the ISP.
>>
>> Feel free to run your own ISP on those terms.  If you're right, you'll
>> get rich.  If customers stay away in droves, you might learn
>> something.
>
> Or you may discover that after all is said and done, users sue those ISPs
> that don't.

So you don't think it's a viable business model, but one that can only
exist if enforced by lawsuit?

>  Most telecom laws do not allow the carrier to decide what's
> allowed to happen to a message that has been sent to a person.

You're referring to telecom laws that bind Common Carriers, right?
ISPs are not Common Carriers, so those laws don't apply.

>  If you send me a message and all is okay,

Who gets to define and decide "all is okay"?

> there is no legal basis for the receiving
> entity to decide whether I get to receive it or not.

Their servers, their rules.  It's called "private property".

Or are you willing to walk over and deliver a message to my mother if
I send it to you?

>  If the user sets up the filters, then fine, but when the carriers
> are setting up the filters, we're in big trouble.

What do you mean "we" paleface?

> Imagine if the post office decided which letters it would deliver.

The post office is a regulated monopoly.

>  Imagine phone companies deciding which calls get through, or which
> faxes get delivered?

Phone Companies are regulated Common Carriers.

Imagine if Joe's Pizza Delivery Service could decide which stores it
delivered pizza for, and into which neighborhood.  Oh, right, it can
and does.

> The law also is against the ISPs in that their attempts to filter
> put them into the business of publisher rather than common carrier.

They were never Common Carriers to begin with.

Nor does automated filtering make them publishers.

Seth

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