FC: Paul Levy on why SpamCop is liable for its overbroad "spam" lists

[Declan McCullagh <declan () well com>]

Previous Politech message:

"Politech incorrectly blocked by SpamCop -- for the third time"
http://www.politechbot.com/p-04121.html

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Date: Mon, 04 Nov 2002 10:12:46 -0500
From: "Paul Levy" <PLEVY () citizen org>
To: <politech () politechbot com>, <declan () well com>
Cc: <deputies () admin spamcop net>, <service () admin spamcop net>,
   <julian () spamcop net>
Subject: Re: FC: Politech incorrectly blocked by SpamCop -- for the
        third time

In the final analysis, there is a tort theory that you can invoke if they 
are persistently listing you incorrectly and defend their conduict on the 
ground that they like their system and they don't care if it 
mischaracterizes you.  After all, a gossip reporter cannot defend the 
making of allegedly false statements about whether public official beats 
his wife on the theory that, well, I get paid for reporting  information 
and if people think my stories are inaccurate they can read somebody else.

Whether it is worth doing that is a tough question.  For ourselves, we only 
defend such tort suits, we never bring them.

Paul Alan Levy
Public Citizen Litigation Group
1600 - 20th Street, N.W.
Washington, D.C. 20009
(202) 588-1000
http://www.citizen.org/litigation/litigation.html




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