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Re: anti-spam vs network abuse
From: Richard Irving <rirving () onecall net>
Date: Fri, 28 Feb 2003 16:59:58 -0500

There is NO legal advice in this post.

Jack Bates wrote:(SNIPO)
Should we outlaw a potentially beneficial practice due to its abuse by

Okay. What happens if you make a mistake and overload one of my devices
costing my company money. 

  That is usually a civil issue, not criminal.

 (.edu, .mil and .gov can be exceptions to the rule)

 [ Older laws protecting the internet, prior to it
  being public were allowed to linger.... for just
  that effect....FWIW]

  And Vixie isn't unique in quoting these California

  Does anyone have an actual pointer to these things, 
  please ? I realize they don't apply to anywhere
  but California, but it would make interesting

I guarantee you, the law will look favorably on
damages. That is the problem with probing. 

  See above, that remains a Civil issue, in most cases.

Sometimes the probe itself can be
the damage. Programmers are human. Humans make mistakes. 

   Sometime probes can provide great benefits 
  to all involved, as well.

   How about the case of the MAPS "test for
   email relay" function, available to the public ?

Programmers are perfect. 

  Absolutely NOT True... It is just relative to
  the rest of the world, we just APPEAR to be perfect.




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