RBL Update (Re: Lets go vixie!! rbl)

Jay R. Ashworth jra at scfn.thpl.lib.fl.us
Tue Jun 16 16:43:47 UTC 1998


On Tue, Jun 16, 1998 at 01:53:55AM -0400, Dean Anderson wrote:
> What Vix is doing probably isn't illegal by itself, though it might
> possibly violate trademark or the new copyright law when domain names are
> used. I don't think he is likely to get sued. However, using the RBL could
> be illegal if one isn't a party to the  email being blocked.  The
> legislative history of 18 USC 2511 indicates it was specifically meant to
> apply to email.  I wish I knew that last year.

Not applicable.  The people who lose connectivity to the places Vix
blackholes _specifically request_ that behavior -- indeed, they _must_
turn the feed on by hand.  Their customers might have cause of action
against _them_; _no one_ has cause for action against Paul.

> For example, if Above.net blocked mail betweeen company X and an MSN
> customer, and they are not an agent of company X or the MSN customer, they
> are probably in  trouble by 2511.  Of course, one of the parties to the
> email has to figure out where the mail was blocked, and notice that the
> blocker isn't a party to the email.  Then they have to know that there is a
> federal law that prohibits that.  And finally, they have to seek
> enforcement.

I think that logic's faulty, too, Dean.  The interim provider certainly
has right of control over it's own equipment; if the provider feels
that spam and such are impeding it's ability to provide such service,
it is certainly within it's rights to fix the problem.  If it's
customers don't like this, it's certainly not impossible for it to move
to another provider.

Cheers,
-- jr 'If you need a lawyer, hire one' a
-- 
Jay R. Ashworth                                                jra at baylink.com
Member of the Technical Staff             Unsolicited Commercial Emailers Sued
The Suncoast Freenet      "Two words: Darth Doogie."  -- Jason Colby,
Tampa Bay, Florida             on alt.fan.heinlein             +1 813 790 7592

Managing Editor, Top Of The Key sports e-zine ------------ http://www.totk.com



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