Re: Spamhaus Ignores U.S. Court?

[Paul Vixie <vixie () vix com>]

> > ... death by a thousand cuts ...
>
> I agree, I didn't suggest they should show up - simply pointing out
> that the ONLY reason they lost was because they didn't.

i have met some pretty irrational judges.  sometimes what matters is
whether you're dressed properly (not too shabby, not too nice) and not
the merits of your case.  judges who don't understand the issues don't
usually want to ask questions which would demonstrate their ignorance,
and so they sometimes proceed on "gut feeling" alone.  there is no such
thing as a sure win in court.

> HOWEVER, if they get a positive finding in the US the spammers would
> have to appeal and IF they got one they could beat it again, ending
> with the USSC either taking or not taking the case and putting an end
> to it once and for all.

it would never get that far.  the US has a money-based political system,
and corporations have most of the same rights as individuals, and there
is a recognized right called "commercial free speech."  for the USSC to
take a case there has to be a constitutional angle, and that'd be it.

(past USSC comments have shown that there is no constitutional right to
privacy, and i don't see us amending the constitution to add that, nor
to add or delete gay marriage, nor to give women equal protection under
the law, nor anything else.)

> Considering the US is the largest Internet market right now, that makes
> sense. Even if they lost their case (virtually impossible in my view) it
> still wouldn't mean anything to them since the courts ability to enforce
> its findings end at the border.

last but not least, i want steve linford to be welcome at NANOG and IETF
meetings held in the US (and even those held in indiana, if ever.)  having
him taken from the airport in handcuffs would be a real buzz-killer for me.
-- 
ISC Training!  October 16-20, 2006, in the San Francisco Bay Area,
covering topics from DNS to DHCP.  Email training () isc org.
--
Paul Vixie
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