> -----Original Message----- > From: Mix Sella [mailto:[EMAIL PROTECTED]
[snip] > > Let's try the real-world example of you posting your > address on a buletin > > board for, say, giving private lessons. > Bad analogy. A local bulletin board is not the vast > searchable space of All > Internet. Should read: an ONLINE buletin board > > What's not fine is someone taking this address (which you > put in the public > > domain) > You don't. Email address is not a commodity, a e-mailbox is > not a property. > Not due the current laws anyway. Where did I state that? > > and using it to cause you damage (i.e. spam you, make you pay for > > the bandwidth). > Another legal problem. Spam doesn't really HURT me and it > doesn't really do > damage that would be admissible in court. The problem with On the same ground a fax spammer can say that spam-fax doesn't really hurt you because you get one free roll of paper from your fax supplier when you got your fax. It does hurt me. It is interfering with my work. It is costing me (and my company) expensive bandwidth. > spam is much more > subtle than just advertising hitting your mailbox per se. The > problem is that > commercial entities willingfully and knowingly deceive their > potential > customers by acting as if they had a *right* to sell/make a profit. This is not in the electronic domain - this is misleading business advertisement. If you publish in a newspaper that you can buy herbal viagra that works, the FTC / Israeli industry and commerce chambers would own your ass. They should be prosecuted just like those who are outside of cyberspace. > > If you want to get legal, there's section 30-aleph of > Israel's Bezeq's law, > > saying that if you want to send a fax message to someone, > you have to get > > their consent. The rational behind this law is that a fax > owner pays for > > the reception of the fax message (paper, fax toner). > > Correct me if I am wrong but this only applies to services > transmitted over or > terminated at Bezeq property. How about SMS? How about snail mail? IANAL, but I don't think so. The hebrew word 'BEZEQ' means communication. The company with the same name simply has a cool name. > > It can be argued that the same may apply for spam - because > the recipient > > pays for the bandwidth (even if the payment is flat-rate). > > This is a bad argument. > > 1) Logic - it deals only with the secondary consequences of > the problem and > not with the root premises of it (see above) The ones that have to do with the electronic domain. I agree. This is what I am good at. Let the lawyers deal with the legal aspect of false advertisement. > 2) Enforceability - while legal action against junk fax spammers is > enforceable due to the way POTS networks are build, it is not > so in the chaos > of All Internet. Spammers get nailed mostly due to their stupidity. Wrong, wrong, wrong. Enforcability is very much an option. It is very hard to really hide on the internet. The touple (source ip address, time of connection to mail server) is a one-to-one mapping to a specific physical computer (when a TCP connection is involved, such as SMTP) or at least its NAT zone boundary. The algorithm is very simple: 1. Correlate the source IP address to the net block. 1.1 Case privately owned space: 1.1.1 set liable=owner(space) 1.2 Case ISP: 1.2.1 use ISP billing records, IP and time to locate terminal 1.2.1.1 Case fixed endpoint: 1.2.1.1.1 set liable=owner(endpoint) 1.2.1.2 Case dial-up: 1.2.1.2.1 use telco records and the time of the call to locate endpoint 1.2.1.2.2 set liable=owner(endpoint) 1.3 Case ISP in a non-compliant country 1.3.1 Collect evidence 1.3.2 If enough evidence 1.3.2.1 Filter port 25 from above entity for a month (or other corrective measure) 1.3.3 exit 2. Ask liable to defend itself 3. If liable defends 3.1 if defence checks out 3.1.1 set liable=defence(liable) 4. sue liable > Consequently, should this argument be accepted and > legislation based on it, > nothing will improve but the problem would be considered solved. If there will be a task force with sufficient rights to execute the steps in my algorithm without undue hinderance, it can work. It should not be a local law, but rather an international treaty. -- Arik ********************************************************************** This email and attachments have been scanned for potential proprietary or sensitive information leakage. Vidius, Inc. Protecting Your Information from the Inside Out. www.vidius.com ********************************************************************** ================================================================To unsubscribe, send mail to [EMAIL PROTECTED] with the word "unsubscribe" in the message body, e.g., run the command echo unsubscribe | mail [EMAIL PROTECTED]
