On Wednesday 23 October 2002 06:03 pm, you wrote:
> > it's called a consumer boycott.  I wont accept traffic from ISPs who host
> > spammers.  Dominos wont deliver to neighborhoods where drug
> > dealers hang on
> > the corner. deal.
>
> I'm NOT entering the discussion about Bellsouth/SPEWS, but do any legal
> types on the list know if this is actually legal? Though consumer boycotts
> are legal, I believe business boycotts are illegal under antitrust law. My

Not in the least.  For the antitrust law to come into effect, the listing has 
to be unfair, unlawful, or fraudulant.  Not only are blacklists not 
"un"lawful, they would qualify as a technical means to block spam which is 
expressly encouraged in most if not all state laws on the topic and are 
decidedly lawful.  

Interesting discussion here of the origins of the term, apropos of nothing: 
http://www.zetetics.com/mac/articles/boycott1.html

> understanding is, a group of businesses cannot get together and decide
> collectively NOT to do business with another business. This is why travel
> agents are at the mercy of the airlines when it comes to commissions -
> otherwise they'd just get together and, say, refuse to send business to
> American Airlines if they think American's commissions are too low (or for
> whatever reason). I suppose private property laws trumps antitrust law in
> the case of spam, but it's an interesting thought experiment.

Nah. Argued and decided long ago.  IANAL, but my knowledge comes from being a 
pro-labor rabble rouser in my earlier life.  I can picket a WalMart urging 
consumers to boycott WalMart because they stock Nikes from a Nike plant in 
$DESPOTICDICTATORSHIP, but I can't picket WalMart urging consumers to boycott 
WalMart until the Nike plant is unionized.

Besides the ban on secondary boycotts in labor disputes in the 
Landrum-Griffith act, there is a ban on US companies cooperating with the 
Arab secondary boycott against  companies doing business with Israel. Carter 
signed it in 1977.  In 1994 that secondary boycott effectively ended when the 
GCC states announced that they were dropping support for it, and the Taba 
agreement in 1995 marks its official death.



secondary boycott - n. an organized refusal to purchase the products of, do 
business with or perform services for (such as deliver goods) a company which 
is doing business with another company where the employees are on strike or 
in a labor dispute. Example: Big Basket Markets are being struck by the 
Retail Clerks Union, and Cupboard Canning and Wheato Bread are selling 
foodstuffs to Big Basket. The Teamsters Union then refuses to deliver to 
Cupboard and Wheato and asks all its members not to buy from those companies, 
although Cupboard and Wheato are not involved directly in the labor dispute. 
Such "secondary" boycotts are unfair labor practices under federal and many 
state laws and, thus, are illegal.

-- 
charles oriez          [EMAIL PROTECTED]
39  34' 34.4"N / 105 00' 06.3"W
**
"You want us to hit delete.  A blocking list is basically a diesel delete
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When we use a blocking list, we are hitting delete, as you ask us to
do.  Why do you object?"  -- David Canzi

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