[TriLUG] Raleigh Spammer Charged

[Ben Pitzer]

Actually, it's more like charging the wine company because the truck stopped
in that dry county and unloaded.  The guy is being charged because his spam
found its destination in that area, not because it went through a server
there, as I read it.  'One of the many server that handled the spam
messages' is as likely to mean the destination server as it is a relay.  But
as one person said already, even if it's a relay, he used resources which
were not free for him to use to distribute spam, which is basically a theft
of service.  If someone sends mail on my network though one of my customers'
open relays through my mail servers, I consider that a theft of service.  My
servers are for my customers, and no one else.  That's our policy, that's
why we lock the machines down.

I don't have any opinion yet as to the severity of the sentence, to be
honest.  At first blush it seems a little harsh, but then again, fine the
guy and set him free, and he'll be doing it all over again tomorrow.  It's
too soon to have an opinion on that, so far as I'm concerned.

Regards,
Ben Pitzer

---------------------------------------------

"Those that can give up essential liberty to obtain a little temporary
safety deserve neither liberty nor safety."
 --Ben Franklin--




> -----Original Message-----
> From: trilug-bounces at trilug.org [mailto:trilug-bounces at trilug.org]On
> Behalf Of John Franklin
> Sent: Friday, December 12, 2003 11:18 AM
> To: Triangle Linux Users Group discussion list
> Subject: Re: [TriLUG] Raleigh Spammer Charged
>
>
>
> On Dec 12, 2003, at 9:24 AM, Michael Thompson wrote:
>
> > I love it!!!  (But up to 20 years in prison??  You can get less time
> > killing someone...)
>
> I am in no way an advocate of spam, but I think there are some serious
> issues with how spam is being fought, especially in this case.  The
> concept that you can be charged in a jurisdiction because the data went
> through a machine there is wrong.  It would be like charging a winery
> because the truck with their shipment went through a dry county.
>
> jf
> --
> John Franklin
> franklin at elfie.org
> ICBM: 35°43'56"N 78°53'27"W
>
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