[SpamCop-List] Re: Legal Question

[geo_splash_12]

eddie wrote:
> On Fri, 19 Nov 2004 23:24:14 -0800, Pete Stephenson scratched out the
> following:
> 
> snip
> 
>>Also, did Comcast agree to your contract? A contract cannot be legal if
>>both sides don't agree to it. You can't sue them for breach of contract.
>>
>>Finally, Comcast has far deeper pockets for their landsharks than you do.
>>Sucky though it is, it's usually the entity with the most money that wins
>>lawsuits.
> 
> 
> Just some idle thoughts. First, I consider an ISP responsible for the
> trash that their users send through their pipes. The idea that they can
> say, "We were only following orders," doesn't cut it with me.

I fully sympatize with your plan, but I doubt whether any state of 
federal law agrees with this idea. ISP's and phone companies are 
normally considered to be transporters, that is, they provide the means 
to communicate, but not more than that.

> I was thinking about somthing like making a public announcement about
> not accepting spam from comcast.net.
> I will check with a local lawyer about this, but I am serious.
> I am also now copying all spam from comcast etal that has pornographic
> subject matter to the Senate committee on internet porn, pointing out that
> the ISP is almost consistently comcast.net. I copy the complaint to the
> FCC, for what it's worth.
> I wonder if it's worth the trouble to forward the spam from comcast to all
> their public email addresses, especially the corporate ones, with a note
> saying that this is not acceptable so I am returning it.
> I think that if enough people decided to do something about suing comcast
> for their spam, there would be a reaction from them. After all, CBS got
> fined by the FCC, and CBS is pretty big. I would just like to get comcast
> involved in a major lawsuit over porn or drugs or something for the
> publicity.

Many people have made such statements, why is yours different from 
others? I mean, the situation would be the same as if you would sue your 
local postal office or the mail man because you don't like the content 
of the letters that you receive. I give it no chance in court.

If your problem is that you're irritated by the mail that you receive, 
then consider to install spam filters. Spampal, mailwasher and others 
are excellent tools that can do the job for you. And this is a lot 
easier than bringing a case to court.

Ejo