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

[Barry Shein <bzs at WORLD.STD.COM>]

Cab companies are common carriers.

The Telecommunications Act of 1936, which created the AT&T monopoly,
defined a "telecommunications common carrier" with an obligation to
provide universal service etc.

Give me a monopoly on the internet and I'll submit my company to
similar obligations.

As to spam-filtering etc, I don't know of any case law either way tho
I did win one minor case in court when someone accused us of something
like that. The judge kinda laughed the guy out of court, tho not that
rude, but did cut him off in mid-sentence with "You may continue
talking but I've already decided this case" and decided entirely in
our favor.

At any rate, the 1978 ECPA seems to give fairly broad options to ISPs
for administrative purposes.

It might seem that blocking a flood of likely CAN-SPAM violative
message traffic of a likely malicious source (zombies etc) would have
no problem fitting into those provisos.

Cubby v Compuserve also seems to side strongly on the side of ISPs vis
a vis protecting them from narrow claims of being "publishers".

But if you have any case law to the contrary I'm sure it would be
interesting and relevant since it could reflect on the legality of the
group's mission.

-- 
        -Barry Shein

Software Tool & Die    | bzs at TheWorld.com           | http://www.TheWorld.com
Purveyors to the Trade | Voice: 617-739-0202        | Login: 617-739-WRLD
The World              | Public Access Internet     | Since 1989     *oo*

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