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
