>  Sure  it is, SPF is NOT an RFC and if the email follows RFC then it
>  is legit.

I'm  afraid  you have a rather exaggerated opinion of the relevance of
RFCs,  and  of  the  concept of domain ownership. RFCs are meaningless
when it comes to the acceptable use of your domain (which is protected
by  law, not at all by RFC). . . not to mention that the SMTP RFCs are
widely disregarded in spamfighting: I'm sure you have several policies
which do not respect all RFC MUSTs and SHOULDs.

The  courts  have affirmed that a domain owner solely controls the use
of  the  domain,  even  if  it is not a distinctly registered trade or
service  mark  (US Code Title 15, Chapter 22, Subchapter III, § 1127).
Anyone  else  is simply using the mark at the will of the owner and is
not protected any way by RFC. US Code v. RFC = no contest!

> If  your  users  are employees, then you are correct.  If your users
> are customers, then you are wrong.  Paying customers have a right to
> expect services to conform to accepted RFCs. 

Use of a domain is dictated by the domain owner, not by people who are
customers,  employees,  or  in any other way using the domain with the
consent  of the owner. True, _if_ an ISP's EULA should warrant that no
measures  will  be  taken  to  block the use of the domain name by the
non-owners,  then  of  course it would be an illegal trade practice to
then   make   actionable  moves  toward  such  restrictions  (such  as
publishing an SPF policy) without revising and publicizing a new EULA.
But  no  one would be so stupid as to make such a declaration with any
enforceable wording -- I've never seen anything close.

You're  imagining  a  level of end-user protection which simply is not
generally recognized, though it may exist if literalized in a specific
contract.

--Sandy


------------------------------------
Sanford Whiteman, Chief Technologist
Broadleaf Systems, a division of
Cypress Integrated Systems, Inc.
e-mail: [EMAIL PROTECTED]

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