[SpamCop-List] Re: Filters could become illegal under CAN-SPAM

[Bert Byfield]

> I think it is possible that SPAM filters may be declared illegal in
> the future.

No way.

> Consider this:
> CAN-SPAM makes SPAM legal as long as all the requirements are met.
> That is, what we all call SPAM, are now legal communications if the
> messages meets the requirements of the law.

Yep. Spam is free speech -- so far.

> One of the organizations, which so successfully worked to make the law
> what it is, could take an ISP to court claiming that the ISP's SPAM 
> filters are denying them the legal right to send SPAM to users on that
> ISP. 

Yes, though rewriting the user agreements could make spam-killing part of 
the deal, so the users are choosing to let the ISP do it.

> I feel that it would be easy to make the case and that the courts
> might very well agree.

Courts do some pretty stupid things, sometimes.

> These would mean that all of the ISP filters would be removed and 
> everyone would see a sudden and drastic increase in SPAM in their
> inboxes. 

Where the filters could be moved to kill it there. It's more bandwidth 
for the networks, but email would still be usable. More customizable, 
too. Those who want their X-Box info could still get it, and those who 
don't could filter it.

> If you say that ISPs could still filter SPAM because of their TOS, 
> consider that the TOS provisions which might prohibit SPAMMING are for
> OUTGOING Spam not INCOMING SPAM.

I suppose ISPs feel more free to ban spamming among their members than 
telling people what email they can receive and what email is banned. This 
arrangment could be put into the TOS, with user options.

> If every email user suddenly sees a drastic jump in the number of
> SPAMs in their inboxes, perhaps they will rise out and, in a voice
> which cannot be ignored, demand that something be done about the
> problem. 

Filters.

> Perhaps congress would pass a SPAM law which is truly ANTI-SPAM.

The networks need this more than individuals do, but a good Anti-Spam law 
that does not at all let the governments attempt to control the internet 
would be great.

> Perhaps governments everywhere would do the same and would give email 
> users and ISPs the power to hunt down the SPAMMERS and send them to
> jail. 

How about going after Nigeria for letting their criminals hustle ignorant 
Americans out of $4 billion (an FBI figure) so far. We should have 
invaded Nigeria, not Iraq.