On 2021-09-23 10:26 p.m., Jay Hennigan via mailop wrote:
On 9/23/21 19:45, 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:
[snip]
* “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”
That's 321.054 here:
https://statutes.capitol.texas.gov/Docs/BC/htm/BC.321.htm#321.054
Note the "material that violates other law".
Now scroll up in the same statute to 321.052. This is indeed an "other
law" as described above.
* A person may not intentionally take an action to transmit an
unsolicited commercial electronic mail message unless:
* (1) "ADV:" appears first in the subject line of the message or, if
the message contains obscene material or material depicting sexual
conduct, "ADV: ADULT ADVERTISEMENT" appears first in the subject line;
and....
I've seen a lot of spam and it has been a very long time since I saw one
with "ADV:" at the beginning of the subject line.
So it looks to me (not a lawyer and don't play one on TV) that according
to a different subsection of the very same statute it's perfectly fine
to block spam that doesn't begin with "ADV:", which is pretty much all
spam.
Ah, just playing because I just got home, and have a nice refreshment in
front of me.. Umm.. Isnt' blocking because it doesn't have ADV at the
subject, a case of filtering by content? Oh, I am so confused, my head
hurts ;)
Nite Nite everyone..
Have to get up early and write up an advice letter to all our Texas
ISP's in the morning.
-- Michael --
Note the "material that violates other law".
Oh, was that US law or 'any law'.. wonder if there is a Taliban law
that.. (oh, not even going to complete that thought) Or is there an
assumption in Texas that only means Texas law.. *cough* (Canadian)
--
"Catch the Magic of Linux..."
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Visit us at http://www.linuxmagic.com @linuxmagic
A Wizard IT Company - For More Info http://www.wizard.ca
"LinuxMagic" a Registered TradeMark of Wizard Tower TechnoServices Ltd.
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