On Sun, 1 Jul 2001 10:56:19 +0200, Bernie <[EMAIL PROTECTED]> wrote:
> Ricsi wrote:
>> It's the same here in Austria.
>> BUT - if I send SPAM to virginia I can't be sued according to virginian
>> right.
>> The same applies if you send SPAM to me.
>> Austrian law would not apply to you.
<snip>
> So the question is it's against the law to send spam to someone with an
> account at a server in, lets say, Virgina or if it's illegal to send spam
> through it (ie. have an account at the server yourself. And what if the
> person who gets the spam lives in another state, or for that matter is
> traveling abroad when the mail is downloaded, which law(s?) would apply
> then? Additionally if the server itself forwards the mail to another
> account and it's not ilegal to send to the first, who is then guilty when
> the mail comes to the new mail address?
> //Bernie
The person who originates the spam is guilty if the spam finally ends
up on a server located within a jurisdiction which prohibits spamming.
Same as if you fired a bullet from West Virginia and it ricochets off
a boulder in Maryland and kills someone in Virginia. West Virginia
would hand you over to Virginia for prosecution. Maryland would assist
Virginia's case by gathering and presenting evidence. If you have no
control over whatever path your bullet might take, then don't shoot.
You will be held responsible. If the courts would accept arguments
based on theories concerning the Pernicious Nature of Fate, then nobody
could ever get convicted of anything.
Sam Heywood
-- See our Big Gizmotimetemp at
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