OT: Email BOMB!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Steve Lamb pmmail@dmiyu.org
Wed, 6 Dec 2000 07:44:28 -0800


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Wednesday, December 06, 2000, 6:43:50 AM, Dr. wrote:
> Steve, I have been through this many times with UU.NET.  You
> misunderstand some basic points.

    Just as you misunderstand there is no reason to reply-to-all?

> 1-The contracts with the ISPs all forbid use of the facilities
>   for spamming and require the ISPs to prevent it.

    Hence it is your reponsibility to report it to the proper ISP SO THEY CAN
PREVENT IT.

> There are measures to do this, it was all gone through in the cellular
> industry to stop fraud. The measures are known; they are just not adopted.

    This is not the cellular industry.

> 2-Legally it is UU.NET's ____RESPONSIBILITY___ even if it is not their
> problem.

    What can they do?  At best they can drop the person IF THEY ARE CONNECTED.

> (It is my problem!) If their property is used to injure others, and they
> know it and can prevent it, then they are legally responsible.

    They cannot prevent it.  You tell me how they can because if you come up
with a method which is proper and responsible, doesn't trample over user's
right to privacy and doesn't undermine the ISP's rights as a carrier I'd be
more than willing to walk the 20' between me and the abuse department to tell
them the revelation that one lone user has had that the entire ISP industry
hasn't in over 5 years!

> If you leave the key in your car and someone takes it for a joy ride and
> kills someone, you are legally responsible for that death because it is your
> property and you were negligent in its care.

    First off, I seriously doubt that.  Secondly, spam doesn't cause deaths.
And finally, this isn't the case in the ISP industry.  In fact there is a
precedent against it.  In the (IIRC) Texas suit from an ISP against a spammer
they won damages against the spammer for him using their open mail server to
bounce mail off of.  That's the same thing as leaving the keys in the car.
They nailed the spammer, not the ISP.

    Now, not to dick wave, but I work for a major ISP and literally sit
between the a portion of our abuse department and a portion of our carrier
services department.  On top of that I've worked in both of those capacities
at my previous job, also at an ISP.

    So, what is your understanding of the ISP industry aside from the
misguided views of an irate and ignorant customer?

- --
         Steve C. Lamb         | I'm your priest, I'm your shrink, I'm your
         ICQ: 5107343          | main connection to the switchboard of souls.
- -------------------------------+---------------------------------------------

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