[pchelpers] Re: CAN-SPAM Act of 2003

  • From: Scott McNay <Wizard@xxxxxxxx>
  • To: John Durham <pchelpers@xxxxxxxxxxxxx>
  • Date: Sun, 18 Jan 2004 14:37:08 -0600

Hi John,

Sunday, January 18, 2004, 12:58:12 PM, you wrote:

JD> If anyone wishes to become familiar with this new legislation,
JD> here is the link to it.
JD> http://www.spamlaws.com/federal/108s877.html
JD> This is something many of us will need to be aware of from now on
JD> (so as to keep on the right side of it).

How it gets applied to people and organizations that live outside the
US is unknown.  You have several possibilities:

US ISP vs US spammer
US ISP vs foreign spammer
Foreign ISP vs US ISP

Depending on how things go, it may get further broken down:
Foreign users of US ISP being spammed by foreign spammer
Foreign users of US ISP being spammed by US spammer
US users of foreign ISP being spammed by foreign spammer
US users of foreign ISP being spammed by US spammer

If things degenerate to this point, you also have the issues of US
citizen being spammed by foreign spammer while travelling abroad, and
so forth.  There is much complexity here that is probably best resolved
by an international law.  Then, of course, you STILL have the same
problems, but in this case, "foreign" would refer to countries that
ignore the international law in question (like the US apparently does
frequently).  Hey, who said that??

Compounding the problem, if you want to get into it that deeply, is
the fact that you often can't easily tell where the recipient is, even
when you try to trace IP addresses, etc. Some country could probably
even claim (with a bit of legitimacy) that US law can only be applied
to *.US addresses, that *.ORG, *.COM, *.NET, etc. must be covered by
an international law.

--Scott.

Regards, John Durham (list moderator) <http://modecideas.com/contact.html?sig>
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