AOL now rejecting mail from Comcast residential IPs.

Jason Stephenson jason at sigio.com
Mon Mar 31 12:27:59 EST 2003


Derek Martin wrote:
> SPAM IS AGAINST THE LAW.  You should not be able to send it.  But that

Where is it against the law? Washington State, parts of California, 
Oregon, maybe, Virginia, Maryland, possibly. Show me where to get the 
text of the law that makes spam illegal.

What's illegal are the frauds that the majority of spams contain, not 
the actual spam itself. Unsolicited Bulk Email is not illegal. If it 
were, then cold calls and junk mail would likely be illegal also.

> still does not mean I should not be able to run my own legitimate
> server, just because my service provider thinks I *might* spam
> someone.  In this country, we punish people for crimes (legal or
> otherwise -- there are mutiple kinds of crime) they have actually
> committed, not ones they might commit.

We've already established that you aren't being punished.


> You are right, LEGALLY Comcast has the right to do this.  But I am
> arguing that there is no MORAL basis for them to do so.  It is
> anti-consumer.  And ultimately you get your way, because I am not
> using their service any longer...

Comcast isn't doing anything to you. AOL is blocking your mail. When you 
got your cable service, you agreed to Mediaone's TOS. When comcast/attbi 
took over, your continued use of their service implies your agreement 
with the TOS. If you operate in violation of the TOS, then you do so at 
your own risk.

I know you said that a M1 employee told you nothing would happen if you 
weren't causing problems, but that employee may not have had the right 
to speak for the company that way. Regardless of what the employee said, 
the TOS is there and if you violate it, they can terminate.

Morality has nothing to do with this discussion. In reading your 
proposed solutions for spam in some of your other messages, I'm starting 
to question your political views. Your proposed strongarm tactics sound 
more fascist than the current system. At least now, companies and 
individuals can make their own decisions. You sound as though you want 
to institute a police state on the 'Net by criminalizing spam, hunting 
the spammers down, and seizing their equipment. History shows that law 
enforcement solutions to societal problems rarely work.





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