[Mimedefang] ZDnet article on new Zombie Trick
WBrown at e1b.org
WBrown at e1b.org
Fri Feb 4 15:26:14 EST 2005
mimedefang-bounces at lists.roaringpenguin.com wrote on 02/04/2005 11:08:55
AM:
> > Date: Thu, 3 Feb 2005 10:31:50 -0800
> > From: <Matthew.van.Eerde at hbinc.com>
> > Subject: RE: [Mimedefang] ZDnet article on new Zombie Trick
> >
> > Why would the ISP do this? To protect themselves from being sued by
the
> > spam recipients' ISPs.
> >
>
> The Laws in the State of IL include exemptions of liability to the ISP
> that transfers the email and places the liability of SPAM on the
original
> sender. So the ISP doesn't have to worry about being sued, now the user
on
> the other hand? Might be a wise idea to get familiar with VBA and other
> Windows scripting techniques. ;)
The CANSPAM act only allows ISPs to sue spammers, the recipients can not
sue. It sounds like IL's law (without having read it) may prevent the ISP
selling the pink contract from being sued. Of course, if they were a
reputable ISP, they wouldn't write a pink contract, their contract would
contain a clause for immediate suspension pending an investigation for
termination and would line up to sue the spammer for violating the terms
of service. If they don't block their spamming customer, I think they
should get sued.
The rationale pushed by the lobbyists that wrote CANSPAM is that the ISP
pays the price for the extra bandwith, storage, etc for handling the junk
mail. Well, we pay for an OC3 to a backbone carrier, our own storage,
etc, so why the H$** can't we sue the spammers?
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