Re: Lawsuit threat against RBL users

[Ray Everett-Church <ray () well com>]

> By this philosophy, it would seem that if I were to host the web pages
> of a company which engaged in unwelcome telemarketing (which I
> personally find much more offensive than SPAM, and which is no more or
> less illegal in most states), I would be under an obligation to cease
> providing service to that company!

Telemarketing is not network abuse. Spamming is network abuse. Moreover,
it's network abuse that can and often does directly impact the operations
of the site to which the spam is pointing. Moving from the realm of
philosophy to the hard, cold facts of contract law, you need to remember
that in drafting your usage agreement you are the master of the universe
created therein. You are not only within your rights to prohibit behavior
affecting your system integrity, some might say you are obligated by your
duty of diligence to your employer, clients, shareholders, partners, etc.
If the client doesn't like the contract, they can go elsewhere: the essence
of the free market. But if your contract doesn't give you the right to
terminate a spammer, then you need to find a new lawyer.

-Ray

-- ------------------------------------------------------------------
Ray Everett-Church (RE279)    *  More info: <http://www.everett.org>
Attorney/Internet Consultant  *  Opinion(REC) != Opinion(client(REC))
This mail isn't legal advice. *  Outlaw Spam = <http://www.cauce.org>
---------------------------------------------------------------------