[OT] charing T&M for receiving spam

James Leone linuxcpa at netscape.net
Wed Oct 2 09:21:55 CST 2002


Hello Ian,

Been nice to read your posts. Good discussions, etc.

:-)

Anyway, I don't know much about the specific case you are refering to, 
but I get the idea that you are kind of curious about Usian law and how 
it affects spam.

First, the standard answer:

After the United States became independent from Brittian, we knew that 
we were actually fairly satisfied with the British system, but for a few 
things that really ticked us off and caused us to rebel.

When we wrote up our constitution we decided to put the British system 
is place but include a list of things that the governement couldn't do 
to the people.  They ended up being called the Bill of Rights:

http://www.archives.gov/exhibit_hall/charters_of_freedom/bill_of_rights/amendments_1-10.html

That in effect, is the law that lets people send you spam.

However, the Supreme Court has determined that yelling "fire!" in a 
movie theatre is not guaranteed by the first amendment.

There are probably similar laws in Australia, and that is probably what 
DSL was talking about in the thread.

James Leone


Mcleod, Ian wrote:

>There was a famous case in the USA about a lawyer who put a spammer on
>notice that he will be charged at $20 a spam or somethng - and I believe he
>constructed in such a way that it was legally valid (being a lawyer).  I am
>really intrigued by that.
>
>I'm not sure what Australian legislation will permit ISPs or individuals to
>do to recover lost T&M?
>
>  
>


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