On Mon, 2022-04-18 at 06:16 +0200, Paul Vixie via mailop wrote:
> the original RBL (at MAPS, this was) was an 
> attempt (by me, and then by others) to "keep the noise down so that 
> e-mail is usable". you should be able to verify from where you sit
> that (a) we did not achieve that goal, (b) we achieved a number of
> other deleterious non-goals, and (c) we were not universally hailed
> as liberators by others who thought they knew better what "the
> public interest" actually was.

Hindsight is 20/20, good for you you are learning.  Earlier in this
interesting thread you qualified Gmail as "late stage surveillance
capitalism."  Has it occured to you that reputation services, whether
distributed or other, are early stage surveillace capitalism?  I am not
familiar with the lawsuits, but the general solution to all reputation
services, whether IP-reputation, consumer credit, or any other business
that collects information about other subjects (the building block of
surveillance capitalism!) is consent:  if the subject does not consent,
do not collect/report.  No reporting, no cause for legal action. 
Provide reputation certificates for subjects that opt into the service
and let recipients decide how to deal with the absence of such
reputation ceritificate(s).

As has been noted in this interesting thread by others to whom I
apologize for not citing them properly, the problem is behavioral.  Not
technical.  The solution (easier said than done) is policy, and
sometimes co-operation must be enforced.

Humans live on fault lines oblivious to the tectonic movements
underneath until the tensions explode.  The three active fault lines
underneath this industry that require policing are:

(1) the dissociation of cost and benefits.  economic externalities.  I
miss the days when I could operate a mail server behind a 2400bps dial-
up modem.

(2) the dissociation of liability and control.  for much too long, this
industry has disclaimed, wether in licensing terms or terms of service,
the liability for the consequences of what it controls.  just copied
from your nemesis:

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY
PROVIDED FOR HEREIN, NEITHER PARTY MAKES ANY OTHER WARRANTY OF ANY
KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING
WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR USE AND NONINFRINGEMENT. the opressor MAKES NO
REPRESENTATIONS ABOUT ANY CONTENT OR INFORMATION MADE ACCESSIBLE BY OR
THROUGH THE SERVICES. CUSTOMER ACKNOWLEDGES THAT THE SERVICES ARE NOT A
TELEPHONY SERVICE AND THAT THE SERVICES ARE NOT CAPABLE OF PLACING OR
RECEIVING ANY CALLS, INCLUDING EMERGENCY SERVICES CALLS, OVER PUBLICLY
SWITCHED TELEPHONE NETWORKS.

(3) competing ownership/property claims.  Who owns the network, the
device, the software, the data, the service?  And what are the limits
on such property?

Easier to point the fault lines out than to suggest solutions.  I
apologize for not being ready to offer fully thought out solutions. 
Even if I was, the even more difficult task is to gain acceptability
and get the solutions implemented.  The political process.  Even within
the most advanced legal frameworks, serious updates are required in the
areas of (A) competition law; (B) consumer protection; and (C)
telecommunication policy.

The question is:  what kind of world do we want to live in, and leave
to our children?  The answer is subjective.

Back to lurking,
--
Yuval Levy, JD, MBA, CFA
Ontario-licensed lawyer


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