> From: Len Conrad
>
> > > Why would the typical business absolutely insist on NOT relaying its
> > > outbound through the provider's SMTP gateway?
> >
> >Because they are running a mail server, so why would a
> mailserver *not* be
> >allowed to deliver the mail?

Reasons NOT to relay mail thru your ISP:

1) They can then censor your outgoing email.

Or edit it.

Or add their own little marketing info to it.

Or drop all the attachments you are sending (for legit reasons which are
NONE of their business).

2) They can archive and view your outgoing email more easily (sure, who
cares? but, perhaps they have other clients that are your competitors?
Perhaps they wish to build a db of email addresses to sell that will include
your customers (and since they know that also, they can easily forge it as
being from you).

If nothing else, this then includes your ISP in the your backup and archive
plans for legal purposes. If they are archiving, then it is subject to
subpoena -- whether for criminal case or for civil case and their entire
operation can get drug into such a case. What ISP in their right mind would
open themselves up to such a thing?  Think sexual harrassment and EEO
complaints for examples of easily brought cases that can involve huge
amounts of work to simply respond.  And, with the possibility of #1, a
sexual harrassment case via email would involve the ISP, as they would have
to "prove" also that they did not forge offending emails (if used as a
defense by the originating company, esp if they keep logs that would "prove"
such a thing).

3) It makes surveillance requests easier for the ISP to comply with, as no
extra software need be installed. Not an issue if you "are doing nothing
wrong", of course. Of course, perhaps this is the real reason the AOL
contigent is anxious to have all email go thru a big ISP and no independent
mail servers. Most likely, the ISP that is relaying any mail becomes subject
to conspiracy charges, so then "cooperates" by opening up archives to mail
or copies all mail, without more stringent warrants being required.  You may
be thinking, we don't do anything illegal, so who cares? Start thinking of
local govts that bring criminal child porn charges (a mayor in TN is being
charged with receiving somewhere around 6 emails over three years that
contained child porn pictures -- he claims they were spam porn, but the
local govt is proceeding).  Again, if the ISP is relaying such pictures (and
grandma's pics of the grandkids in the tub has been ruled porn in some
jurisdictions), they are then "involved". The main danger in this is that
what is considered a reasonable amount of privacy is being rapidly eroded
as, is the concept of what requires a warrant for a search. Even if you are
not involved in anything that would be considered illegal, you should be
concerned about this.

No doubt there are many other reasons.  Personally, #1 is the biggie.  At
least if my mail server sends directly, I know the email went thru.

Were I a big ISP, I would worry about #2, #3, someone accidentally setting
their mail server as an open relay (which would get ME listed in spamcop and
then prevent mail being sent from all my other customers as well, which
could then get me involved in some lawsuit or at least cost me a lot of
support time) and the increased load of handling everyone elses mail, which
would mean more costs for me.

Of course, if I were instead an enforcer or prosecutor of the law, having
all email only go thru very large, easily located and threatened ISP's would
make my job much easier.  And, yes, it could eliminate all the kiddie porn
out there, in one country (which would make zero dent in the overall total,
as the offenders would relocate). Perhaps all those ISP's should also be
forced to receive all mail and filter it before being sent on as well?  The
next step? In addition to kiddie porn, add in all "illegal activities":
information on getting prescriptions from Canada, certain methods of
abortion, all porn (since it might pass thru PA or the bible belt), using
hemp as a fiber or the value of the omega 3 content in the seeds, any
medical reference to marijuana, any referral to a mosque (add in any other
such religious or racial content that you can think of that might be linked
to terrorism) and so on.

K

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