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On Wed, 2003-07-16 at 12:58, Derek Martin wrote: > > > (2) If a commercial email message passes through an American ISP, that > > ISP must warrant that the sender is complying with point (1). If the > > sender cannot be located, or if the sender loses a lawsuit to recover > > damages but does not pay, then the ISP is liable. > > This will shut down most ISPs, because it will place an undue burden > upon them. This is punishing the innocent for someone else's sins, > something I believe should never be done (even though it is daily in > so many ways). This is the kind of burden that liability insurance is designed to handle. > > Now, if this law were passed, then every American ISP that has > > interconnect agreements with foreign ISPs would tell their partners: > > "Post a bond so we're insured against spam-related damages coming from > > your network, or we're going to block all incoming port 25 traffic from > > you." > > This isn't witout merit, but I balked at myself making such a > suggestion, because too many Americans have legitimate business with > people in Asia, and blocking all the Asian ISPs (which is essentially > what would have to happen) would be too disruptive to our own > legitimate users, as well as those in Asia. This is, again, punishing > the innocent for the sins of someone else. If Asian ISPs can't afford to comply, then instead of cutting them off entirely, American ISPs could offer their customers a choice. In their sign-up form, they could say: Most Internet service providers in countries X, Y, and Z do not have adequate procedures for blocking spam. If you accept messages from those providers, we cannot prevent spam from reaching you. Which would you prefer? [ ] Do not let anyone from those ISPs send me email [ ] Send me all email from those ISPs, even if it's spam -- "[A]s a quick survey of the current workplace will painfully reveal, knowledge of Computer Science is not a prerequisite for being a programmer, much like knowledge of automobile engineering is not necessary to become an assembler at GM." --Will Hartung // seth gordon // sethg at ropine.com // http://ropine.com/sethg/cv.html //
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