On 9/26/07, Jeroen van Aart <[EMAIL PROTECTED]> wrote: > Logically speaking (IANAL), I just wonder how on earth any court would > accept a case based on one single email sent by one single individual, > regarding it being spam (not an attachment containing a virus or > anything). What possible damage can such an email cause? If it'd be an > email with something like a death threat, I can understand, but then you > talk about a whole different set of laws. Hence logic dictates, to me at > least, spam email had better be bulk in order for anyone to make a case > based on the fact it was spam.
A good question. IANAL as well, but I work along side some. A single email involving a single instance would of course never make it to court (its single value is too small to waste the courts time) unless, as you suggested, it insinuated bodily harm, etc. In the case of spam, you need to be able to make connections between single pieces of email into a coherent collection, be able to show that connection and have evidence that some sort of loss is occurring - if you were to be able to use them against a spammer in court. This is why random zombie computers are so heavily used now. To the best of my recollection: The greatest damage done to the case of spammers (AFAIK) was done when a spammer tried to take the maker of a DNSBL to court. The DNSBL provider won because he proved it was at his discretion if he chose to filter emails coming from the spammer. The DNSBL provider just so happened to be ingenious enough to automate the procedure and use DNS as a was of hosting the information for his mail servers. The spammer complained that the DNSBL was also causing email to be blocked at hundreds of other hosts using his service, and requested it be brought down from public use. The judge found that the DNSBL provider had the right to use his own RBL to block anything he wanted, and he also had the right to make that service publicly available for anyone to use if he so choose - and that anyone had the right to use it to also block email that they also did not want to receive per the requirements for inclusion into that DNSBL. -- ME2 ------------------------------------------------------------------------- This SF.net email is sponsored by: Microsoft Defy all challenges. Microsoft(R) Visual Studio 2005. http://clk.atdmt.com/MRT/go/vse0120000070mrt/direct/01/ _______________________________________________ Assp-user mailing list [email protected] https://lists.sourceforge.net/lists/listinfo/assp-user
