On Wed, 18 Sep 2002 20:09:31 -0400, "Agatha Dydecka" <[EMAIL PROTECTED]> wrote:
>Hello, > >We have just subscribed to this list as our brand new server was >attacked and made into a spam machine for several hours. Sorry for what drove you here, but welcome to the list! [...] >Is there any standard, code of conduct, or law that could help us in >terminating the offender's account with the providers? I'm not a lawyer. But... It's a relatively straightforward exercise to project liability for damages onto the party that is directly causing the damages. "You used my machine without my permission, you pay for my damages." Note that projecting liability is NOT the same as actually collecting civil or criminal monetary damages. It's a bit more difficult, but still quite possible, to project liability to the party that placed the act that caused the damage into motion - in most cases, either the party being advertised in the spam, or the beneficiary of the spam's content (be it commercial or other). "Party A used my machine without my permission on your behalf and acting as your agent, therefore you are vicariously liable for Party A's actions." It's probably quite difficult to project liability for damages onto a party that provides connectivity services to either the party directly causing the damages, or the party that is the beneficiary. "You sold Party A a service, and while they were using that service, they used my machine without my permission, therefore you are liable for my damages caused by Party A." That having been said, most responsible ISPs will terminate the service of both spammers and spam beneficiaries. However, once you mention foreign service providers, all bets are off. It's not necessarily that the foreign ISPs are irresponsible (although very many of them are), but things just work differently. Generally, however, many people find that the first step, after identifying both spammer and beneficiary, is to sternly notify the upstream provider of the beneficiary. That may help, as many networks prefer to avoid being placed on blocklists due to non-responsiveness. Ted _______________________________________________ spamcon-general mailing list [EMAIL PROTECTED] http://mail.spamcon.org/mailman/listinfo/spamcon-general#subscribers Subscribe, unsubscribe, etc: Use the URL above or send "help" in body of message to [EMAIL PROTECTED] Contact administrator: [EMAIL PROTECTED]
