RE: [anti-spam-wg] Any suggestions about how to deal with non co-operative ISP's and RIR's ?

["Michele Neylon :: Blacknight" michele@localhost]

furio ercolessi wrote:
> On Tue, Apr 03, 2007 at 11:33:50AM +0100, Michele Neylon ::
> Blacknight wrote: 
>> Jørgen Hovland wrote:
>>>> I do believe that only if every responsible organisation on the net
>>> cooperate on hacking, spam and other abuse issues - we will be able
>>> to do anything about - otherwise ....
>>> 
>>> 
>>> And by spam you mean what you decide is spam, or do you mean that
>>> the spam is illegal by law in the country of the ISP and/or the
>>> destination country? Just curious..
>>> 
>> 
>> And that, of course, is the key issue.
>> 
>> Spam's legal definition varies significantly from country to country.
> 
> That should be the key issue for law enforcement officers and the
> justice system.  But why should it be a key issue for network
> operators?  
> 
> As far as network operators are concerned, spam should be defined in
> the traditional way: unsolicited bulk mail.  For an ISP, using
> spamtraps makes it rather easy to identify spam defined in this way.  
> Blocking it does not and should not constitute a judgement about its
> illegality - an ISP should not have to make such decisions.  The same
> applies for, say, SBL listings, as SBL adopts a similar criterion.  
> 
> A key issue is, rather, making the customer aware of the spam
> filtering policy in the contractual terms - so that he explicitly
> agrees that the ISP will do its best to ensure that unsolicited bulk
> mail directed to his address will be rejected.  This protects the ISP
> against legal actions by spammers; while claiming that their spam is
> illegal can open a can of worms.     
> 
> furio


Furio

Network operators have to answer to the law.

Unless the legislation is in place there is always a legal risk

Michele


Mr Michele Neylon
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