More on spamming..

On Wed, 1 Oct 1997 14:59:40 -6000, Miroslaw Jaworski wrote:

>Cooperation of all ISP is needed. Index od spammers. 
>Absolute rule : before setting up new accounts, check customer in 
>spammers index.   
>
>And for more : official documents about spam. It should be announced and 
>published over network so EVERY user can read it and imagine what 
>will happen with him if..... 

Hmmm... I think that this could be HIGHLY illegal for the following reasons:

- Spamming, although annoying is not illegal (even if the only reason is 
that laws evolve at a very slow speed)
- Putting someone in a black list can greatly affect a person's or a small 
company's reputation and business. Most EU national laws forbid publishing 
that kind of information, let alone an agreement between ISP's not to 
service that fellow. In addition, if all the proof you have is based in your 
logs, which anyone can alter just with 'vi' and imagination, it is the 
spammer who will sue you for huge amounts of money. Making the spammers rich 
is not the optimal way to stop spamming.

The only legal loophole would be if ISPs put a disuasive price for spamming 
practices in their service contract. A price so high that no spammer would 
pay. Then spammers would be invoiced, and the invoice would become unpaid 
after the invoice due date. 

Publishing a list of people who won't pay you is not illegal as long as the 
debt is well documented (with the invoice) nor is denying service because of 
being on that list. (We could have legal problems anyway, but the case would 
be harder for the spammer) And the only way out of the list would be paying 
the bill.

Regards

Javier Llopis                       BitMailer, S.L.
javier at bitmailer.com                Juan Bravo 51, Dup. 1-Izq
Tel: +34 1 402 1551                 28006 Madrid
Fax: +34 1 402 4115                 SPAIN