responding to DMARC breakage
mfidelman at meetinghouse.net
Sat Apr 12 22:31:42 UTC 2014
Dave Crocker wrote:
> On 4/12/2014 2:38 PM, Jim Popovitch wrote:
>> On Sat, Apr 12, 2014 at 1:12 PM, Miles Fidelman
>> <mfidelman at meetinghouse.net> wrote:
>> someone needs to get a legal opinion wrt
>> the DMARC group's effort to have all mailinglists change their From:
> "The DMARC group" (presumably referring to the dmarc.org informal
> consortium that created DMARC) is conducting no such effort.
> The action taken this past week was an independent effort by Yahoo.
> dmarc.org had nothing to do with it.
> The DMARC specification is quite clear about the limitations of its use.
> Nothing is aided by the confusing the very basic different between a
> specification and the choices actors make in applying it.
Dave, it's not that clear cut. Standards bodies have been held liable
for negligence, as have participants in standards making processes (just
did a little googling of case law). Trade associations have been held
to be in violation of antitrust law.
I would expect that the right lawyer might have a field day painting the
"informal consortium that created DMARC" as colluding in violation of
anti-trust law, and perhaps criminal conspiracy. At the very least,
"creating a public nuisance." And that's before we even consider civil
I also expect that someone could make a good case against Yahoo for
"knowingly caus[ing] the transmission of a program, information code, or
command, and as a result of such conduct, intentionally causes damages
without authorization to a protected computer” in violation of the
Computer and Fraud Abuse Act - for publishing their p=reject policy, and
possibly for hotmail, comcast, etc. for criminal conspiracy in honoring
that policy. (Kind of like a DDoS attack, or domain hijacking.)
But then, I'm not a lawyer, just an engineer and sometime policy wonk
(who just had lots of fun working with some very smart lawyers on a bid
Hmm... I wonder if anybody who's suffered serious economic damage as a
result of this wants to bankroll some lawyers? Could be fun. (And given
the amount of pain this has inflicted on me, personally, I wouldn't mind
sharing some of the pain.)
In theory, there is no difference between theory and practice.
In practice, there is. .... Yogi Berra
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