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



On August 2, 2004 at 16:11 pbaker at verisign.com (Hallam-Baker, Phillip) wrote:
 > Ah yes, in which case it looks to me as if he has a contract
 > of adhesion here and the terms are unlikely to be found to be 
 > binding because these terms are not usual in the industry.
 > I don't think that it can be claimed that there was actual
 > notice and constructive notice looks pretty dicey.

That's well put, I don't dispute the point you're making, but I think
it could become common knowledge over a period of time that you are
expected to make payment arrangements before sending bulk email.

More importantly, that you shouldn't be surprised if your bulk mail is
blocked until you make payment arrangements.

 > If I am a customer of ISP x and ask a party to send me email
 > then I expect that ISP x will deliver it.

"Ask" is something we're just beginning to come to some definition of,
beyond the most obvious and simple situation.

Personally I think we'd be better off dropping the commissar approach
of trying to determine who is needy and deserving and who is not and
just figure out a way to charge.

 > I do not expect ISP x to inspect the content and then demand
 > a rake off from the sender for delivery.

Why not?

Examine your assumptions.

Why the hell not?

 > As a sender I do not expect the ISP to act in any way other 
 > than as an agent of the recipient.

Sure, that's all nicely descriptive of the current situation.

The current situation sucks and is collapsing.

So something has to change.

This is like one of those science fiction stories where the villagers
put on their ``deer in the headlights'' look and tell the visiting
starfleet commander "but that is how we ALWAYS have done it!" (move to
epilogue, they change their behavior, their life is improved, roll
credits.)

 > 
 > I think that we had this particular debate at some length
 > fifteen years ago on alt.flame. I seem to remember that Kebin
 > was universally ridiculed for this argument.

Yeah, kinda stings to think now that he mighta been right.


-- 
        -Barry Shein

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