SORBS Contact

Mon Aug 14 16:13:02 UTC 2006

On Aug 14, 2006, at 12:00 PM, Valdis.Kletnieks at vt.edu wrote:

> On Sun, 13 Aug 2006 21:11:58 PDT, David Schwartz said:
>
>> 	Nonsense. You have tort obligations as well as contractual  
>> obligations.
>> Specifically, if you take custody of someone else's data, and you  
>> have no
>> contract with that person, you have a tort obligation not to  
>> destroy it.
>
> Of course, that only applies if you're dumb enough to answer '250  
> OK' to
> the '.' after the DATA.  You 5xx that puppy anywhere before that,  
> and you
> haven't taken custody of that data...

This is ridiculous (not your argument, Valdis, but the whole thread  
in general).

If my customers ask me to, or accept via subscribing to a service  
with a TOS that so permits, me accepting their mail and throwing it  
away silently, then that's between me and them, nobody else.

This is no different from me authorizing Mail Boxes Etc to be my  
proxy for UPS packages, and them being allowed to simply discard  
anything from, say, an ex-wife.   My ex-wife has no claim, in this  
hypothetical, against MBE for tossing my package in the trash,  
because they're acting as my agent.

Now, *I* might have a claim against MBE, if I never authorized them  
to do so and they didn't have a terms-of-service document which I'd  
agreed to (actively or passively) which said they could do it, but  
that's a claim between my agent and myself, not the sender.

Cheers,
D

--

Derek J. Balling
Manager of Systems Administration
Vassar College
124 Raymond Ave
Box 0406 - Computer Center 217
Poughkeepsie, NY 12604
W: (845) 437-7231
C: (845) 249-9731

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