--Dean sez:
However, using the RBL could be illegal if one isn't a party to the email being blocked. The legislative history of 18 USC 2511 indicates it was specifically meant to apply to email. I wish I knew that last year.
For example, if Above.net blocked mail betweeen company X and an MSN customer, and they are not an agent of company X or the MSN customer, they are probably in trouble by 2511.
Yeah, and the _language_ indicates it applies to email too, in fact to any "wire, oral, or electronic communication." So? "' 2511. Interception and disclosure of wire, oral, or electronic communications prohibited " Define "interception." The entire chapter is about protecting privacy and property rights. No one is violating it in any way by using the RBL. Furthermore, they specifically allowed service providers to take action to protect their service: "(2)(a)(i) It shall not be unlawful under this chapter for an operator of a switchboard, or an officer, employee, or agent of a provider of wire or electronic communication service, whose facilities are used in the transmission of a wire or electronic communication, to intercept, disclose, or use that communication in the normal course of his employment while engaged in any activity which is a necessary incident to the rendition of his service or to the protection of the rights or property of the provider of that service, except that a provider of wire communication service to the public shall not utilize service observing or random monitoring except for mechanical or service quality control checks. (ii)" You don't have a leg to stand on Dean. I am not a lawyer though, so why don't you go ask one? I am open to some of your arguments though and I am trying to see where we would end up if we followed them to their logical end. Is it not possible that we would see hundreds of chain letters and pyramid scams each day if no one took any action against it? What would you do when one of your vip corporate customers complains to you? Matt
participants (1)
-
Matt Sommer