Art. 45a seems like a two-edged sword. Does it mean that ISPs must filter mails or does it mean that they have to stop spammers from using their own network?
ISPs are explicitly allowed to filter - which gives them an easy and clear argument against spammers crying "FOUL! I want you to accept my very important commercial announcements! You are /required/ to accept and deliver them!".
Theoretically, this has never been a problem, nor will it be a problem if the whole package does not pass through, but it would certainly help in certain situations.
--> p. 36 of http://www.admin.ch/ch/d/ff/2003/7951.pdf (german version).
What I'm still missing from the drafts are effective ways to enforce Art. 45a (and, in conjunction, the revised Art. 3 UWG).
However, my worst fear is that the entire revision will fall flat due to the unbundling provisions, which not only Swisscom, but also unions and (parts of) the left parties are unhappy about.
So if you happen to have a Nationalrat in your family, urge him or her to make sure that at least Art. 45a FMG and Art. 3 UWG gets through :)
-- Matthias
-- Brain-Log http://matthias.leisi.net/ _______________________________________________ swinog mailing list [EMAIL PROTECTED] http://lists.init7.net/cgi-bin/mailman/listinfo/swinog
