Re: regarding spam...

[Crispin Cowan <crispin () wirex com>]

Kalat, Andrew (ISS Atlanta) wrote:

> This brings up an interesting point I was thinking about last night. Let's
> say this hypothetical service decides that the latest "Invest in this stock
> now!" mail is spam. Seems like a reasonable decision. The hypothetical
> company blocks this mail to all of their customers. The marketer for that
> little gem takes exception to this, and decides that they are being blocked
> from doing business. They throw a few lawyers at the company, and bu-bye to
> this product...
That doesn't seem like much of a problem to me. The software is not 
blocking the spam, it is just enforcing whatever policy the ISP has 
configured. If there is liability attached, it is to the ISP.

I have heard of at least one ISP that was victimized by a spammer who 
preemptively got a preliminary injunction from a court that forced the 
ISP to continue allowing the spamer to operate while the court figured 
out how to pull their head out their ass. So it's a real problem, but I 
don't see it being related directly to the technology used to detect 
outgoing spam. Just so long as what the technology enforces is 
consistent with the posted AUP.

Crispin

--
Crispin Cowan, Ph.D.
Chief Scientist, WireX Communications, Inc. http://wirex.com
Security Hardened Linux Distribution:       http://immunix.org
Available for purchase: http://wirex.com/Products/Immunix/purchase.html


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