[Mimedefang] ZDnet article on new Zombie Trick

Ben Kamen bkamen at benjammin.net
Fri Feb 4 15:49:08 EST 2005


I thought the definition of ISP was somewhat flexible in the definition as a 
remedy for people who do service their own email and such... (i.e. I 
hold/service email for more than 1 domain. I think the language could be 
interpreted in such a way that it would make me an ISP because of the 
conditions I meet.)

I would have to check the language as well though.. I'm not a laywer.. but I 
sometimes talk like one. ;)

  -Ben


WBrown at e1b.org wrote:
 >
> 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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