Re: Help with removing DNS shinkhole FP from Charter/Spectrum

[Mel Beckman <mel () beckman org>]

Bill is absolutely correct. The spammers lost their case because they were demonstrably spammers. We’ve had accidental 
black hole cases with *US* providers that removed the block once they received a C&D. If they don’t have iron clad 
proof in hand. (More than just a few complaints and no traffic analysis), it’s just the least risky response.

That doesn’t work well with overseas providers, though, because they’re essentially immune to U.S. litigation unless 
the plaintiff has deep pockets.

 -mel

On Apr 22, 2024, at 5:21 PM, William Herrin <bill () herrin us> wrote:

On Mon, Apr 22, 2024 at 5:07 PM John R. Levine <johnl () iecc com> wrote:
a complaint would have to show that the
blocking was malicious rather than merited or accidental.  In this case it
seems probably accidental, but for all I know there might have been bad
traffic to merit a block.

Hi John,

I'll try not to belabor it, but accidental that isn't corrected upon
formal legal notification becomes negligent and negligent has more or
less the same legal status as malicious.

The spammers lost because the networks published a terms of use
document that the spammers unambiguously violated. Even though it
interfered with the spammer's business, the block was merited so the
preponderance of the evidence fell in favor of the service provider.

Regards,
Bill Herrin


--
William Herrin
bill () herrin us
https://bill.herrin.us/