On 09/10/2008 19:05, mike scott wrote:
On 9 Oct 2008 at 18:23, Harold Fuchs wrote:
...
Mike Scott: if you are right that the attacker is committing an illegal act by forwarding [spam] mail to the victim, wouldn't the victim be justified in taking appropriate action by attempting to unsubscribe that attacker? The victim can only unsubscribe the attacker by virtue of the [illegal] forwarding.


We weren't discussing the /victim/ unsubscribing for himself. My point was that anyone here on the list sending the unsubscription message just might be going out on a slender legal limb.

Given the crazy state of this country, I'd not risk it.
I don't believe that list-member "policeman" can completely unsubscribe malicious list member "attacker" on behalf of non-list-member "victim". Policeman can send an unsubscribe request on victim's behalf, either by using the "=" form of the ezmlm command or by masquerading * as attacker but policeman will *not* get the confirmation request. Instead, the confirmation request goes to attacker. If forwarding is in place from attacker to victim then victim will get the confirmation request and can then complete the process. So victim must play at least some part in the procedure. Policeman can send the unsubscibe request but victim must confirm it.

Given the above, I don't see that policeman has committed any offence. Especially if policeman gets explicit prior permission from victim.

* "masquerade", often referred to as "spoof" means to set up an e-mail "account" (using Thuindebird's or Outlook Express's terminology") where the "from" address is someone else's. For example I can set up an e-mail acccount specifying [EMAIL PROTECTED] in the "from" field. Messages sent from that account will appear *superficially* to have come from the Count.

--
Harold Fuchs
London, England
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