[56218] in North American Network Operators' Group

home help back first fref pref prev next nref lref last post

Re: anti-spam vs network abuse

daemon@ATHENA.MIT.EDU (Richard Irving)
Fri Feb 28 17:01:37 2003

Date: Fri, 28 Feb 2003 16:59:58 -0500
From: Richard Irving <rirving@onecall.net>
Cc: nanog@merit.edu
Errors-To: owner-nanog-outgoing@merit.edu


There is NO legal advice in this post.

Jack Bates wrote:(SNIPO)
> > Should we outlaw a potentially beneficial practice due to its abuse by
> > criminals?
> >
> 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
 Statutes....

  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
  reading...

> 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.

  :*

  :P

> 
> -Jack

home help back first fref pref prev next nref lref last post