>This has some merit but doesn't it now mean that to submit an offending
>server one must relay "spam" through that server. Simply put this moves the
>legal weight on to those submitting the request.
Yes. Now, the potential legal cost is borne by some of the people using
the system, rather than the system itself.
I think the idea is that a handful of anti-spam activists will start
searching for open relays. They are people that didn't want to go to all
the work of setting up a new ORBZ of their own, but don't mind the risk of
getting caught searching for open relay. Some may choose only to scan open
relays in foreign countries, minimizing their risk. Others may feel that
there is no legal problem scanning for open relays.
People who feel there is an unacceptable risk can still use DSBL without
scanning for open relays.
>Also what would prevent an "unfriendly" ISP from purchasing a competitors
>dial-up and submitting the competitors IP.
That's the potential problem that needs to be dealt with.
My guess is that they will have to start scanning any mailserver that they
get a connection from. Legally, that's a lot safer than scanning randomly
for open relays (or even scanning submissions from users). A nice "220
hostname.dsbl.org WARNING: Sending E-mail here will result in a relay test
of your mailserver" type disclaimer would be useful. I can't imagine (with
the U.S. legal system at least) that someone could be found guilty of
anything if they tested mailservers that connected to them, *especially*
since the only mailservers authorized to connect are open relays.
Sue-happy individual: "Judge, I want to sue him because I didn't authorize
him to use my mailserver"
Judge: "But didn't you use his mailserver without authorization?"
-Scott
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