Re: [swinog] Advice after hoax

2017-05-19 Diskussionsfäden Benoit Panizzon
Hi Dan

Operating anti-spam blacklists, adding my email address to all kind of
newsletters, online contests etc. apparently is a common revenge from
spamers who get listed. Unfortunately too many ESP operators still don't
understand that 'real' double opt-in would solve the issue.

According to the Swiss 'Datenschutzgesetz' you can ask the sender of
a newsletter or unwanted email advertizement to send you all the
information related to your email address from his database including
the IP address and time from which the subscription happened. This works
quite well with companies within switzerland and the EU.

As, at least in switzerland, an operator of a newsletter, has to
provide proof of opt-in, this is the proof he has to provide.

With that information, you can send a complaint to the ISP operating
the said IP address and hope that he will issue a warning to his
customer, or you could try to get legal actions against that ISP's
customer for identity theft or Urkundenfälschung as you said.

-Benoît Panizzon-
-- 
I m p r o W a r e   A G-Leiter Commerce Kunden
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Zurlindenstrasse 29 Tel  +41 61 826 93 00
CH-4133 PrattelnFax  +41 61 826 93 01
Schweiz Web  http://www.imp.ch
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Re: [swinog] Advice after hoax

2017-05-18 Diskussionsfäden Silvan M. Gebhardt
Hi Dan, 

Except "Belästigung" I don't think you can do much and unfortunately, I doubt 
it's even going to be worth your time.
The question is, what are you hoping for? 

Three steps to even get anywhere:

1) Someone must disclose the IP - if the mailinglists are off-country it gets 
difficult, and also here. This is not an ususal ÜPF Anfrage anyway, as it's not 
for an "Adressing element" in the first place... so you need to get this IP
2) A Staatsanwalt needs to sign the paperwork to get it to the ÜPF Folks
3) the concerning ISP (given it's a swiss IP anyway) must have logs at all


tbh, it's no doubt a nuisance, but ... yeah. Not much you can do. 

on the other hand - and if you have, which I hope, if you're on this 
mailinglist, opposed the revision for the ÜPF Revision, and hopefulle had tried 
to help and signed the Referendum, what you're currently suggesting is that you 
now want to make use of the surveillance instrument :)

Just my thoughts on this


BR
Silvan


- Ursprüngliche Mail -
Von: "Daniel Kamm" <y...@ylz.ch>
An: swi...@swinog.ch
Gesendet: Donnerstag, 18. Mai 2017 21:13:41
Betreff: [swinog] Advice after hoax

Hey mates,

Sorry for off topic, but I've just got hoaxed by someone by adding one 
of my email addy to quite a number of newsletter lists, manually. Though 
most of them are on opt-in nicely. Seems like I've tread on someones 
toes lately.

However, I am quite curious who it was or, at least, how far infos can 
be discovered. I know, that a legal complaint must be opened that 
information can be disclosed. But what is the reason for the complaint? 
Rather not "Urkundenfälschung" I guess, but what?

Anyone has similar experience and is able to share? Or an advice for the 
complaint? Thanks for your PM.

Best regards,
  - Dan

PS: None of the "Welcome" mails disclose the source IP in any part of 
the message.


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[swinog] Advice after hoax

2017-05-18 Diskussionsfäden Daniel Kamm

Hey mates,

Sorry for off topic, but I've just got hoaxed by someone by adding one 
of my email addy to quite a number of newsletter lists, manually. Though 
most of them are on opt-in nicely. Seems like I've tread on someones 
toes lately.


However, I am quite curious who it was or, at least, how far infos can 
be discovered. I know, that a legal complaint must be opened that 
information can be disclosed. But what is the reason for the complaint? 
Rather not "Urkundenfälschung" I guess, but what?


Anyone has similar experience and is able to share? Or an advice for the 
complaint? Thanks for your PM.


Best regards,
 - Dan

PS: None of the "Welcome" mails disclose the source IP in any part of 
the message.



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