On 19.10.22 17:49, Carsten Schiefner via mailop wrote:
Having read up the entire thread now, I wonder if this issue might be worth
raising with Germany‘s federal regulator for (inter alia) postal and telco
services, BNetzA.
I wonder what would happen if the owner of a 20-storey apartment building would
only allow properly accredited - according to its own, partly ambiguous rules -
mail delivery services into the house…
Comments?
I'd be surprised of DT's lawyers wouldn't have checked this policy against any
remotely applicable regulation or law. But then there's the saying of if you
ask two lawyers, you get three opinions ;)
It would be less of an issue if t-online.de would take care _not_ to send to domains they
don't take the replies from; but they happily sent emails to any MX in the world
(anything else would upset _their_ users), but then eagerly reject the replies. Doing
that to competitors would make them liable, hence this "we only talk to commercial
mail servers", I think. Still, any reply from an not-yet-whitelisted mail server
would bounce, which should be seen as an infringement of §303a StGB, imho. But IANAL ;)
So, yes, as I'm tired of this discussion, I'd like to see this policy probed
against applicable German law (UWG, StGB, ...; TKG does not apply to email
according to the ECJ), too. If you can organize something, you have my details
;-)
-kai
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