This thread will probably be a rehash of the many conversations had on
this topic, but the laws always protect the rights on who you open your
door to, and who you decide to let cross the thresh hold...
It's just really sad, that instead of going after malicious dangerous
offenders we keep bringing on new laws to make it harder to do so.
GDPR, anonymous domain registries etc..
Where is the law that says if you provide the infrastructure for
criminal activity (hosting companies) and do nothing when informed of
it, that you should be considered an accessory?
Why is there no laws that help protect the innocent victims of all the
phishing attacks that go on unabated from some of the largest companies?
Sorry, a bit of a rant..
But maybe Anne can weigh in here with some legal opinion.. What defense
statement can an ISP in Texas make, when someone tries to take advantage
of this law, eg nuisance lawsuits? Or just a simple statement to post on
their web pages to mitigate this?
I am sure o365 and Gmail though will probably be able to address this
with their legal teams long before the little guys have to worry..
I do hope this was something to tackle outbound opinion emails, rather
than inbound. Oh, does this mean Republican's can' block Democrats
email any more? ;)
But I can see the suits and counter suits coming .. I think I will just
go to sleep until this all blows over..
On 2021-09-23 7:45 p.m., John Levine via mailop wrote:
A bizarre new Texas law makes most spam filtering illegal, effective Dec 2:
“An electronic mail service provider may not intentionally impede the
transmission of another person’s electronic mail message based on the content
of the message” unless:
* it “provides a process for the prompt, good faith resolution of a dispute
related to the blocking with the sender of the commercial electronic mail
message” or
* “the provider has a good faith, reasonable belief that the message contains
malicious computer code, obscene material, material depicting sexual conduct,
or material that violates other law”
Senders who are blocked can sue for $10/msg up to $25K/day. If I had any users
in Texas, I would turn off all the spam filtering.
Why take the risk?
If you think this is mind-bogglingly stupid and nobody in their right mind
would pass such a law, you are correct, but, you know, Texas.
More info here:
https://blog.ericgoldman.org/archives/2021/09/texas-enacts-social-media-censorship-law-to-benefit-anti-vaxxers-spammers.htm
R's,
John
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