> On Oct 31, 2018, at 11:48 AM, Bill Cole > <mailop-20160...@billmail.scconsult.com> wrote: > > On 31 Oct 2018, at 12:53, Steve Dodd wrote: > >> The two recipient orgs here are actually a local govt department, and a >> state-funded charity. Would be interesting to see what a lawyer made of >> their "right" to randomly drop mail from taxpaying clients. > > I am not specifically familiar with UK law, but a good lawyer here in the US > would control his giggling long enough to point at the safe harbor provisions > in federal law that let ISPs be as sloppy as they care to be in filtering out > junk as long as they are acting in good faith. I don't follow the case law as > closely as I used to, but for many years there was a perfect record of such > attempted cases being thrown out very swiftly. Here in the US, you'd need > evidence of MS or the receiving parties intentionally targeting the specific > senders or GMail users as a whole in order to get anywhere. *EVIDENCE*, not > an assertion or a guess.
Well, I'm a lawyer, although not sure everyone would agree that I'm a good one ;-)..and, as others have pointed out (cf. Laura), the bottom line is that it's still "my server, my rules"..if your email in any way touches my server, then it gets processed under my rules. Couple that with Bill's right-on analysis and there is absolutely no need to put 'right' in quotation marks. It is, in fact, a right. In point of fact, under our Federal law, ISPs are *specifically exempted* from liability for delivery decisions that they make. (Were it to come to light that they were maliciously acting against a particular entity, there are of course other ways you could hold them liable.) Anne Anne P. Mitchell, Attorney at Law GDPR, CCPA (CA) & CCDPA (CO) Compliance Consultant Author: Section 6 of the CAN-SPAM Act of 2003 (the Federal anti-spam law) Legislative Consultant CEO/President, Institute for Social Internet Public Policy Board of Directors, Denver Internet Exchange Board of Directors, Asilomar Microcomputer Workshop Legal Counsel: The CyberGreen Institute Legal Counsel: The Earth Law Center California Bar Association Cal. Bar Cyberspace Law Committee Colorado Cyber Committee Ret. Professor of Law, Lincoln Law School of San Jose Ret. Chair, Asilomar Microcomputer Workshop _______________________________________________ mailop mailing list mailop@mailop.org https://chilli.nosignal.org/cgi-bin/mailman/listinfo/mailop
