Fabian Wenk wrote:
>
> Hello Andre
>
> Andre Oppermann wrote:
>
> > The only information I was able to get was a snippet of the discussion where
> > they were talking about the 'responsibility' of the ISPs regarding SPAM.
> > Doesn't sound good for us I'm afraid. I guess the ISP will be required to
> > 'block' SPAM for customers. If he doesn't the customer can sue the ISP.
> > How fucked up is that???
>
> That's for sure the wrong way. How can an ISP decide if this mail
> for the customer is spam or not?
Ok, all the information on www.parlament.ch is now updated. The final
text as approved by the Nationalrat is this:
Art. 45a (neu) Massenwerbung
1 Die Anbieterinnen von Fernmeldediensten bek�mpfen die nach Artikel 3
Buchstabe o des Bundesgesetzes vom 19. Dezember 19865 gegen den unlauteren
Wettbewerb unlautere Massenwerbung.
2 Der Bundesrat kann die zur Bek�mpfung geeigneten und erforderlichen
Massnahmen bestimmen.
Which means that the Bundesrat can exactly specify how an ISP has to 'fight'
SPAM with regard to incoming (to the ISP) and outgoing (originating from
his network) SPAM. If an ISP does not follow the rules then he can be
fined up to CHF 100'000 by BAKOM, plus he might lose his telecommunications
license.
All in all this entire thing is not only totally besides the point but also
really dangerous. And it reads as if it were the fault of the ISPs that
SPAM is around.
Just imagine a customer operating his own mailserver complaining to BAKOM
that the ISP doesn't filter SPAM to him... Arghhhh...
A majority of the pre-study group of the Nationalrat wanted to add the
line "if technically feasible", but that was rejected by the full assembly.
I can assure you that there will be large political pressure on the Bundes-
rat to quickly specify measures to filter/block/prevent SPAM in the users
mailboxes. And we'll have to deal with the weirdest proposals how to
achive that. The first Swiss Anti-SPAM standards conference by the Bundes-
rat will be a field day for all vendors of 'perfect' and less perfect anti-
spam 'solutions'.
--
Andre
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