[SpamCop.net - protecting the internet through technology]

[SpamCop-List] Filters will not be "illegal" (was: Filters could become illegal under CAN-SPAM)

Kenneth Brody kenbrody at spamcop.net
Thu Jan 29 20:17:43 EST 2004


Bob Novell wrote:
> 
> I think it is possible that SPAM filters may be declared illegal in the
> future.
> 
> Consider this:
[...]

Consider this instead:

  Section 108(c):

    NO EFFECT ON POLICIES OF PROVIDERS OF INTERNET ACCESS SERVICE-
    Nothing in this title shall be construed to have any effect on
    the lawfulness or unlawfulness, under any other provision of law,
    of the adoption, implementation, or enforcement by a provider of
    Internet access service of a policy of declining to transmit,
    route, relay, handle, or store certain types of electronic mail
    messages.

So, unless someone passes a law explicitly making filtering illegal
(and I doubt that any such law could pass a constitutional challenge),
YOU-CAN-SPAM has no affect on such filtering.

-- 

+---------+----------------------------------+-----------------------------+
| Kenneth |     kenbrody at spamcop.net      | "The opinions expressed     |
|    J.   |    http://www.hvcomputer.com     |  herein are not necessarily |
|  Brody  |      http://www.fptech.com       |  those of fP Technologies." |
+---------+----------------------------------+-----------------------------+




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