Just wait until some lawyer finds a way to do this successfully (for the
money of course, not the quality of the internet)! :-)

You won't think its a non-issue then.

Todd

-----Original Message-----
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED]]On Behalf Of discuss
Sent: Saturday, March 16, 2002 3:49 AM
To: [EMAIL PROTECTED]
Subject: Re: [IMail Forum] Legality of spam blocking and virus scanning


Why does this silly nonsense raise its head here?

So is caller ID an editor?  What about my phone companies offer to
block calls that do not identify the caller?

Get real, this is non-issue and should not be worried about - do
not listen to this nonsense. This claim has no basis in fact and
would just be silly - if it weren't sad for the people who believe
this crap.  Next he will tell us you can't sell old games on ebay
because some guy's brother who is friends of his sisters
babysitter said so.


---------- Original Message ----------------------------------
From: Jon Hall <[EMAIL PROTECTED]>
Reply-To: [EMAIL PROTECTED]
Date:  Sat, 16 Mar 2002 01:55:20 -0500

>Let me say that I am not trying to start a flame war or anything,
and
>think that both spam filtering and virus scanning at the mail
server are
>good things. However...
>
>ISP's, and web hosters are all in essence, but not really common
>carriers (in the US). We cannot be prosecuted for any bad stuff
(like
>spam, viruses, or bomb threats) that is passed through our
networks.
>However there is a lot of legal precedence in the US and abroad
that if
>you taking upon the role of editor, that you become responsible
for the
>content.
>
>So does scanning viruses and filtering spam for users, equal
editorial
>responsibility? I personally think so, but it hasn't been tested
in
>court yet to my knowledge. I see a scenario where a semi-
legitimate
>spammer sues an ISP for blocking his "marketing" that a user
wanted,
>because somehow he got on a filter list, or how about the
business who
>thought their ISP was filtering viruses and one gets through and
wipes
>out a million dollar database?
>
>Just one of those things to keep in the back of your mind...
>
>jon
>
>
>Please visit http://www.ipswitch.com/support/mailing-lists.html
>to be removed from this list.
>
>An Archive of this list is available at:
>http://www.mail-archive.com/imail_forum%40list.ipswitch.com/
>
>Please visit the Knowledge Base for answers to frequently asked
>questions:  http://www.ipswitch.com/support/IMail/
>


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