> On Jun 13, 2016, at 10:14 AM, Eric Henson <[email protected]> wrote:
> 
> So all I need to do to shut down a competitor is sign up for their mailing 
> list, then issue a complaint to their ESP?

No, because ESP abuse desk staff aren't stupid, nor are they staffed by 
Internet Rules Lawyers(tm). They also have access to vastly more data and 
(usually) vastly more experience than those writing to them.

(Can this thread go away, please?)

Cheers,
  Steve

> 
> 
> -----Original Message-----
> From: mailop [mailto:[email protected]] On Behalf Of Laura Atkins
> Sent: Monday, June 13, 2016 12:08 PM
> To: mailop
> Subject: Re: [mailop] Mailchimp / Mandrill App: European VS US Privacy Laws
> 
> 
>> On Jun 13, 2016, at 9:59 AM, Jay Hennigan <[email protected]> wrote:
>> 
>> On 6/13/16 12:45 AM, Suresh Ramasubramanian wrote:
>>> Now you’re arguing legal contracts here - that vendor has a legal contract 
>>> with whoever this spammer is.  While they can terminate the account in 
>>> question, they certainly can’t expose any customer data to you.
>> 
>> In the US, they aren't under legal obligation to do so, which seems to vary 
>> from some laws elsewhere.
>> 
>> However, if the ESP is claiming to be white-hat and only send mail where 
>> permission exists, one would think that they would share it freely and 
>> include a clause in their customer terms and conditions that their 
>> customer's identity would be released to a recipient on request.
> 
> Scenario 3:
> 
> Victim to ESP: I got this spam from your IP and have no idea why. It touts 
> some product, but all of the links are tracking bugs that point back to you. 
> Where did you get my address and on whose behalf did you send it?
> 
> ESP to victim: We believe you and we have disconnected the customer. We’re 
> unable to share any other information with you.
> 
> laura 
> 
> -- 
> Having an Email Crisis?  800 823-9674 
> 
> Laura Atkins
> Word to the Wise
> [email protected]
> (650) 437-0741                
> 
> Email Delivery Blog: http://wordtothewise.com/blog    
> 
> 
> 
> 
> 
> 
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