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

["Hallam-Baker, Phillip" <pbaker at verisign.com>]

Hey before getting into the weeds here, talk to people like Jon Praed
who prosecute these cases.

Jon has been very successful in getting terms of service enforced,
even before can-spam.

There is a legal principle called a tripwire offense. Often the crime itself
is already illegal, but a tripwire offense is something that is easier 
to judge.

So carrying housebreaking tools after dark is a classic example. The 
police in the UK can arrest and prosecute for carrying arround a jemmy
or a crowbar without an adequate explanation. A builder walking home 
from a worksite might have an explanation, but he also has the burden of
proof.

I see the can-spam act as a tripwire offense. The real criminality here
has always been criminal. The vast majority of spam messages are now
outright frauds.


		Phill

> -----Original Message-----
> From: asrg-bounces at ietf.org [mailto:asrg-bounces at ietf.org]On Behalf Of
> Roger B.A. Klorese
> Sent: Sunday, August 01, 2004 10:25 PM
> To: Barry Shein
> Cc: asrg at ietf.org
> Subject: Re: [Asrg] Anti-spam laws do work, FYI. There's proof.
> 
> 
> Barry Shein wrote:
> > At any rate here at World we use an SMTP herald that reads:
> > 
> >   220 smtp.TheWorld.com: ESMTP => NOTICE <= Advertising and
> >   Promotional E-Mail Billable to Sender @ USD 0.25/recipient -- USE
> >   CONSTITUTES ACCEPTANCE OF TERMS, Theft of Service Will be Pursued
> 
> Let me see if I understand this -- it's your claim that, if I were a 
> user of yours, my sister is free to send me gigabytes of grandchild 
> photos for free but if I receive commercial/promotional mail 
> I wish to 
> get, you have some right to be paid?  Guffaw.
> 
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