[pchelpers] Re: CAN-SPAM Act of 2003

  • From: John Durham <john.modec@xxxxxxxxxx>
  • To: pchelpers@xxxxxxxxxxxxx
  • Date: Mon, 19 Jan 2004 10:17:02 +1300

It is obvious this will be argued among lawyers for some time, however 
since the legislation is out and applies directly to US citizens (some 
of whom are list members), there is sufficient cause to draw it to the 
attention of the list. How it will be applied to folks like me who've 
never been there remains to be seen.

Scott McNay wrote:

>Hi John,
>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.
>

-- 
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