[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]

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

At 6:17 PM -0700 7/31/04, David Wall wrote: 
 At any rate, the 1978 ECPA seems to give fairly broad options to ISPs
 for administrative purposes.

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


True, but the question will be raised whether this is simply administrative,
or they are blocking messages based on content the ISP deems to be
objectionable simply needs the right test case before some trial lawyer will
give it a run.  Once you start to say a user can see this, but not that, you
are entering the land of being a publisher.

I suggest that you familiarize yourself with the additional explicit safe harbors provided by CDA and CAN-SPAM. SpamCop/IronPort seems to be having success using the CDA protection. I also am not a lawyer, but I know that when a federal judge accepts an argument based on explicit statute law (which has survived SCotUS review that knocked out other parts of the same bill) it tends to mean a bit more than the theorizing of non-lawyers based on stale, inconclusive, and contradictory case law such as Cubby v. Compuserve and Stratton Oakmont v. Prodigy.


--
Bill Cole
bill at scconsult.com


_______________________________________________
Asrg mailing list
Asrg at ietf.org
https://www1.ietf.org/mailman/listinfo/asrg