RE: OT: spam software legal implications

  • From: "Mulnick, Al" <Al.Mulnick@xxxxxxxxxx>
  • To: "'[ExchangeList]'" <exchangelist@xxxxxxxxxxxxx>
  • Date: Thu, 19 Feb 2004 11:22:14 -0500

The British have civil rights?  
Seriously, it's standard practice for ISP's to go to any length to protect
their business.  Your agreement likely stipulates that they can do things to
enhance service as they deem necessary etc.  spam would fall in that
category very likely.
As for the disruption in service, I'd bet the best way to get that resolved
would be to take your business elsewhere.  Let the ISP know that you cannot
tolerate that type of behavior and that you will go elsewhere.  Also, be
sure not to complain later when 60% of your inbox is flooded with
enhancement offers and other such stuff.
Don't get me wrong.  I hate the block-list approach to anti-spam.  I think
it's wrong for the reasons that you listed and for many others.  I think
it's a way for some frustrated individuals to exact revenge on those that
don't think like they do.  But reality is that it's wanted by customers and
it's likely here to stay. Learn to deal with it and how to identify it and
how to mitigate it's risk to your business.  E-Mail is not a guaranteed
delivery mechanism.  FedEx is, but email is not and if your business relies
on that mode of communication ONLY, you may want to rethink the business
resumption plan.
My $0.02 (USD) anyway.


From: Technical [mailto:tech@xxxxxxxxxxxxxxxxxx] 
Sent: Thursday, February 19, 2004 10:43 AM
To: [ExchangeList]
Subject: [exchangelist] OT: spam software legal implications

Hi All
This came up the other day with a customer. They stopped receiving email
from a supplier because the suppliers mail server had appeared on a spam
black list and the customer's ISP was using the spam list to filter email.
The customer was not very happy and asked the following question:
From a legal point of view if an ISP does not inform its users that they are
filtering the mail for spam are they breaking the law. The point being if
you filter mail without the users knowledge you are in fact censoring what
they are allowed to receive and therefore you are stepping all over their
civil rights.
If any one has any information on this subject ( specially UK law) I would
be very grateful if they could send it or point me in the right direction.
Many thanks,
Frustrated Admin (now with a head ache)
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