Dean Anderson <dean@av8.com> writes:
<snip> There are several laws being violated, but the FBI basically isn't getting involved in the spam wars. The first violators were the anti-spammers who put in the blocking. The second violators were the spammers who use relaying to get around that. Anti-spammers are illegally intercepting (blocking) electronic communications, and reading email, and the spammers are illegally exceeding their authorization to access computers. The anti-spammers are illegally preventing access to computers and networks engaged in interstate commerce. Anti-spammers illegally exceed their authority to cancel usenet messages.
Its bad enough that we have to put up with non-operational banter on the NANOG list, but having to deal with morons is particularly offensive. The court has already upheld the right of ISPs to block spam, and the right of ISPs to sue spammers on behalf of their subscribers. The following is an excerpt from a case on the ACLU's web site at http://www.aclu.org/issues/cyber/updates/nov13clu.html : "A District Court in Pennsylvania has ruled that AOL is not a state actor subject to the First Amendment, and therefore can block unsolicited commercial e-mail (spam). ... Judge Weiner found that there were no disputes over the facts of the case, and issued a summary judgment opinion. He held that AOL is not a state actor, and is not working in conjunction with the government. As a wholly private actor, AOL is not required to open its network to Cyberpromo, and is therefore within its rights to block e-mail from the Cyberpromo's domains." If you really think spam does not hurt anybody, try explaining to your 10 year old daughter why she keeps getting email for "hot pussy sites" in her mail box -- this is something that a child should never have to deal with. For this reason, US Net provides one of the largest anti-spam filter lists on the Internet, and we gladly help other ISPs in tightening their mail systems down so they can eliminate nearly all spam coming to their site. Our list is available via email auto responder at spamlist@us.net -- over 700 ISPs pull this list regularly to block spam. Filters can not stop all spam, but they can have a dramatic impact on the amount of spam that actually gets through to your site. While Paul's BGP feed is excellent for blocking spam, we can not use it because our customers demand being able to get to the "entire Internet". Instead, we use filters to block mail coming to dial-up customers, and we provide information and tools to help our network customers kill spam on their own mail servers. We are working hard to make the Internet a *much* smaller place for spammers ... Dave Stoddard US Net Incorporated 301-572-5926 dgs@us.net