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Re: RBL Update (Re: Lets go vixie!! rbl)

  • From: Matt Sommer
  • Date: Tue Jun 16 14:04:49 1998

--Dean sez:

>However, using the RBL could
>be illegal if one isn't a party to the  email being blocked.  The
>legislative history of 18 USC 2511 indicates it was specifically meant to
>apply to email.  I wish I knew that last year.

>
>For example, if Above.net blocked mail betweeen company X and an MSN
>customer, and they are not an agent of company X or the MSN customer, they
>are probably in  trouble by 2511.
>


Yeah, and the _language_ indicates it applies to email too, in fact to any
"wire, oral, or electronic communication."  So?

"' 2511. Interception and disclosure of wire, oral, or electronic
communications prohibited "

Define "interception."

The entire chapter is about protecting privacy and property rights.  No one
is violating it in any way by using the RBL.

Furthermore, they specifically allowed service providers to take action to
protect their service:

"(2)(a)(i) It shall not be unlawful under this chapter for an operator of a
switchboard, or an officer, employee, or agent of a provider of wire or
electronic communication service, whose facilities are used in the
transmission of a wire or electronic communication, to intercept, disclose,
or use that communication in the normal course of his employment while
engaged in any activity which is a necessary incident to the rendition of
his service or to the protection of the rights or property of the provider
of that service, except that a provider of wire communication service to the
public shall not utilize service observing or random monitoring except for
mechanical or service quality control checks. (ii)"

You don't have a leg to stand on Dean.  I am not a lawyer though, so why
don't you go ask one?

I am open to some of your arguments though and I am trying to see where we
would end up if we followed them to their logical end.  Is it not possible
that we would see hundreds of chain letters and pyramid scams each day if no
one took any action against it?  What would you do when one of your vip
corporate customers complains to you?

Matt





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