Hi Tim

> Rule #1: Spammers lie. What sort of "proof of opt-in" could they
> provide that can't be forged? Also, it does not follow from that
> requirement that senders must be "identifiable." That may be a
> separate legal requirement, but it doesn't logically follow from the
> opt-in proof requirement.

As a sender of advertisement emails is required to provide a proof of
opt-in to the recipient of those emails, the recipients needs to be
able to identify that sender to contact him and request that proof.

Otherwise this legal requirement would not make sense.

Spamers don't always lie. Some are naive and buy 'garanteed opt-in'
email addresses from liars. Some just don't do opt-in and get victim of
joe-jobs flooding their subsciption tools with collected email
addresses. I have also come across cases of contest cards who were
filled with a just plain wrong email address.

But yes, usually if the spamer tries to hide his identity, he knows
exactly what he is doing and why.

> I also do not see how this matters when it comes to blacklist
> operations. "Tell me who your customer is so legal action can be
> taken against them" is what the law you cite seems to amount to. You
> are perfectly to block or blocklist anyone you want no matter what
> the law says.

In case of Mailchimp, the problem is that some of the users of our
blacklist would like to get email from them, because they subscribed to
legitimate senders using Mailchimp. Some of our users complain that we
don't completely blacklist them, because they have customers who
repeatedly 'anonymously' send spam and they seem to protect their
spaming customers instead of helping the spam victims.

-BenoƮt Panizzon-
-- 
I m p r o W a r e   A G    -    Leiter Commerce Kunden
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Zurlindenstrasse 29             Tel  +41 61 826 93 00
CH-4133 Pratteln                Fax  +41 61 826 93 01
Schweiz                         Web  http://www.imp.ch
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