The point is 
> that German law is saying that IF you take the mail, then you HAVE to deliver
> it. You can theoretically take the mail into queue and not deliver it but you
> need to get permission from the mail owner to do so. And if it comes hard on
> hard, then the original recipient still has the possibility to say that you
> deleted the mail and then you are lost. That kind of risk no one wants to
> take. I know, I know. It is stupid but Germany is full of regulations all over
> the place. Lucky me I am from Switzerland :)
Of course there are some options
> to get out of this problem. Having a on-site
policy signed by every recipient
> is one option (in my eyes the best) or just
not discard mails.

All you net lawyers:

Third option? Host the PRE-FILTER APPLIANCE in another country :-)?

Is that how google/gmail got around it? I cannot imagine gmail deciding to
deliver (and TAG) all spam now.

This applies to viruses also.  User has to be informed if they get a virus.

As for 'in the queue' or not in the queue, is there really a legal
distinction between blocking a virus a few cpu and hard disk cycles early?

Even with 'prequeue' email, amavisd -new already has the email in $HOME/tmp,
so, guess what:  the email was already delivered to your system, its just in
amavisds temp directory and not in postfix's queue.

-- 
Michael Scheidell, CTO
>|SECNAP Network Security
Winner 2008 Network Products Guide Hot Companies
FreeBSD SpamAssassin Ports maintainer


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