Internet and e-mail policy and practice
including Notes on Internet E-mail


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27 Sep 2010

The Spamhaus Whitelist Email

For several months I have been working with the Spamhaus project on a whitelist, which we announced to the public today. While this is hardly the first mail whitelist, our goals are somewhat different from other whitelists. Think of e-mail as ranging from inky black to pearly white, like this:

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  posted at: 15:24 :: permanent link to this entry :: 0 comments
Stable link is

17 Sep 2010

What are the most important spam legal decisions? Email

I'm working on a project to build a high quality online spam law archive. Finding the statutes is easy enough, but in the US you need case law as well. So what are the most important spam related court decisions?

Ones that occur to me include:

  • Gordon v. Virtumundo (9th circuit sets very high bar to CAN SPAM standing)
  • Omega World v. Mummagraphics (falsity must be material)
  • White Buffalo Ventures v. University of Texas at Austin (OK per 1st amendment for government to filter when acting as ISP rather than regulator)
  • Intel v. Hamidi (spam is not trespass without real damages)
  • Asis v. Optin Global/Azoogle (courts don't like sloppy serial plaintiffs)
  • Pallorium v. Jared (CDA protects anti-spam blacklists, state court version)
  • e360 v. Comcast (CDA protects spam filtering in general, federal court)
  • Cyberpromo v. AOL (old, but still the case that says there's no 1st amendment right to have e-mail delivered)

What else should I include?

  posted at: 22:40 :: permanent link to this entry :: 5 comments
Stable link is

13 Sep 2010

How is clickwrap software like a stolen work of art? Copyright Law
A recent case decided by a three-judge panel in the Ninth Circuit has been widely reported as saying that shrink-wrap license agreements on software supersede the traditional first sale rule, and mean that software vendors can keep customers from reselling packaged software. Having read the decision, it's a case with a messy set of facts that don't quite mean that first sale is dead.

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  posted at: 15:25 :: permanent link to this entry :: 0 comments
Stable link is

01 Sep 2010

ARF is now an IETF standard Email

When a user of a large mail system such as AOL, Yahoo, or Hotmail reports a message as junk or spam, one of the things the system does is to look at the source of the message and see if the source is one that has a feedback loop (FBL) agreement with the mail system. If so, it sends a copy of the message back to the source, so they can take appropriate action, for some version of appropriate. For several years, ARF, Abuse Reporting Format, has been the de-facto standard form that large mail systems use to exchange FBL reports about user mail complaints.

Until now, the only documentation for ARF was a draft spec originally written Yakov Shafranovich in 2005, and occasionally updated originally by him and later by other people including myself. Earlier this year, the IETF chartered a working group called MARF which took that draft, brought the references up to date, stripped out a lot of options that seemed useful five years ago but in practice nobody ever used, and this week it was finally published as RFC 5965.

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  posted at: 11:08 :: permanent link to this entry :: 2 comments
Stable link is


My other sites

Who is this guy?

Airline ticket info

Taughannock Networks

Other blogs

It turns out you don’t need a license to hunt for spam.
58 days ago

A keen grasp of the obvious
Italian Apple Cake
616 days ago

Related sites

Coalition Against Unsolicited Commercial E-mail

Network Abuse Clearinghouse

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