anti-spam vs network abuse

Fri Feb 28 21:59:58 UTC 2003

There is NO legal advice in this post.

Jack Bates wrote:(SNIPO)
> > Should we outlaw a potentially beneficial practice due to its abuse by
> > criminals?
> >
> Okay. What happens if you make a mistake and overload one of my devices
> costing my company money. 

  That is usually a civil issue, not criminal.

 (.edu, .mil and .gov can be exceptions to the rule)

 [ Older laws protecting the internet, prior to it
  being public were allowed to linger.... for just
  that effect....FWIW]

  And Vixie isn't unique in quoting these California
 Statutes....

  Does anyone have an actual pointer to these things, 
  please ? I realize they don't apply to anywhere
  but California, but it would make interesting
  reading...

> I guarantee you, the law will look favorably on
> damages. That is the problem with probing. 

  See above, that remains a Civil issue, in most cases.

> Sometimes the probe itself can be
> the damage. Programmers are human. Humans make mistakes. 

   Sometime probes can provide great benefits 
  to all involved, as well.

   How about the case of the MAPS "test for
   email relay" function, available to the public ?

> Programmers are perfect. 

  Absolutely NOT True... It is just relative to
  the rest of the world, we just APPEAR to be perfect.

  :*

  :P

> 
> -Jack