As I doubt that mailchimp operates under Swiss jurisdiction- and they probably have a customer contract that stipulates US jurisdiction .. you'd have to rely on them suspending the spammer.
I can't and won't speak for them but I have known them to actively suspend spammers --srs > On 10-Jun-2016, at 2:20 PM, Benoit Panizzon <benoit.paniz...@imp.ch> wrote: > > Hi Suresh > >> They aren’t under any obligation to reveal customer identity to you >> and would potentially face legal liability for doing so. > > This is exactly the problem. > > Privacy Laws in Switzerland (and most other countires I know) states, > that the sender must provide proof of opt-in. > > Therefore, the sender must be identifiable. If the sender is not > identifiable, the ISP of the sender must provide the identity of the > sender. > > So an ISP does not face any legal liability on providing the identity > of the sender as this is a legal requirement and the ISP acts according > the law. > > There are court cases confirming this procedure. > > If this procedure and priority of privacy requirements is not observed, > a spamer can never be prosecuted or blocked. The spamer can just > pretend, that all his addresses are opt-in and that he acts legally but > never has to prove it. Therefore Mailchimp cannot block him, or he can > request to be unblocked because he claims towards mailchimp, that the > spam reports are wrong and he has proof of opt-in from the recipients, > which he never has to show anyone. > > The spamer could probably even prosecute mailchimp for blocking him or > canceling his services. > > The users of our Blacklist request that we block mailchimp for not > respecting privacy laws and not providing the legal identity of the > spamers so they can provide a proof of opt-in or be made liable for not > respecting the mass advertising law. > > So, do you have any suggestions on how to solve this issue? > > Legal References: > > Art. 8 Right to information > https://www.admin.ch/opc/en/classified-compilation/19920153/index.html#a8 > > Art. 82 Communication of data to identify nuisance calls and unfair > mass advertising > https://www.admin.ch/opc/en/classified-compilation/20063267/index.html#a82 > > Bundesgesetz gegen den unlauteren Wettbewerb (unfortunately not > translated by admin.ch) > https://www.admin.ch/opc/de/classified-compilation/19860391/index.html > > -Benoît Panizzon- > -- > I m p r o W a r e A G - Leiter Commerce Kunden > ______________________________________________________ > > Zurlindenstrasse 29 Tel +41 61 826 93 00 > CH-4133 Pratteln Fax +41 61 826 93 01 > Schweiz Web http://www.imp.ch > ______________________________________________________ _______________________________________________ mailop mailing list mailop@mailop.org https://chilli.nosignal.org/cgi-bin/mailman/listinfo/mailop
