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Re: Reporting Little Blue Men
From: "Dave Stoddard" <dgs () us net>
Date: Wed, 21 Jan 1998 17:38:10 -0500

Dean Anderson <dean () av8 com> writes:
There are several laws being violated, but
the FBI basically isn't getting involved in the spam wars.  The first
violators were the anti-spammers who put in the blocking. The second
violators were the spammers who use relaying to get around that.
Anti-spammers are illegally intercepting (blocking) electronic
communications, and reading email, and the spammers are illegally exceeding
their authorization to access computers.  The anti-spammers are illegally
preventing access to computers and networks engaged in interstate commerce.
Anti-spammers illegally exceed their authority to cancel usenet messages.

        Its bad enough that we have to put up with non-operational
        banter on the NANOG list, but having to deal with morons is
        particularly offensive.  The court has already upheld the
        right of ISPs to block spam, and the right of ISPs to sue
        spammers on behalf of their subscribers.

        The following is an excerpt from a case on the ACLU's web site at
        http://www.aclu.org/issues/cyber/updates/nov13clu.html :

                "A District Court in Pennsylvania has ruled that AOL
                is not a state actor subject to the First Amendment,
                and therefore can block unsolicited commercial e-mail
                (spam).  ...  Judge Weiner found that there were no
                disputes over the facts of the case, and issued a
                summary judgment opinion.  He held that AOL is not a
                state actor, and is not working in conjunction with the
                government.  As a wholly private actor, AOL is not
                required to open its network to Cyberpromo, and is
                therefore within its rights to block e-mail from the
                Cyberpromo's domains."

        If you really think spam does not hurt anybody, try explaining
        to your 10 year old daughter why she keeps getting email for
        "hot pussy sites" in her mail box -- this is something that a
        child should never have to deal with.  For this reason,
        US Net provides one of the largest anti-spam filter lists
        on the Internet, and we gladly help other ISPs in tightening
        their mail systems down so they can eliminate nearly all spam
        coming to their site.  Our list is available via email auto
        responder at spamlist () us net -- over 700 ISPs pull this list
        regularly to block spam.  Filters can not stop all spam, but
        they can have a dramatic impact on the amount of spam that
        actually gets through to your site.

        While Paul's BGP feed is excellent for blocking spam, we can
        not use it because our customers demand being able to get to
        the "entire Internet".  Instead, we use filters to block mail
        coming to dial-up customers, and we provide information and
        tools to help our network customers kill spam on their own
        mail servers.  We are working hard to make the Internet a
        *much* smaller place for spammers ...

        Dave Stoddard
        US Net Incorporated
        dgs () us net

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