Re: spam (fwd) (edit error on previous)

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Peter writes:

> Do please pay attention, this will all be on the exam.

That's one of my problems.  I pay too much attention, and then people get
irritated when I see what they missed.

> First, I didn't say "explicit authorization".

You didn't have to.  See, the applicability of a law is decided in court,
not by Peter Deutsch.  Thus, your notion of whether or not a law applies is
little more than conjecture until it is confirmed or invalidated by a court
of law.  Even explicitly-worded statutes are still subject to interpretation
by the courts.  You cannot really say in advance how a specific case will
go, particularly when no existing jurisprudence for similar cases points the
way.

> It's generally considered poor debating style to put
> words into the mouths of others so as to appear to
> win a point.

I know of even more disreputable practices in debate.

> Next, by subscribing to this list, you are granting
> implicit permission to the list operator to connect
> to your machine to deliver list-related email.

Well, no.  Maybe I am, maybe I'm not.  A court would have to decide.  It
seems logical to me, but I'm not a judge, and judges don't always seem to be
logical.  Juries are even worse.

> If I were to take this example to the RCMP, I would
> fully expect to be told that no crime was committed,
> because implicit authorization was obviously granted.

The RCMP is an enforcement agency, not a judicial agency.  They don't decide
who is or isn't guilty of a crime (as far as I know).

> Note, in signing up to a mailing list, you have
> *not* granted permission to the list operator to send
> fragments of code intended to run your implementation
> of the Distributed Halting Problem ...

Here again, that still has not been decided, and some recent cases have
raised questions along those lines.

> Because it's something you can control by, for
> example, choosing not to visit the site.

But I don't know what the site will do until I visit it (similar to the
problem of shrink-wrapped licenses, which you cannot read without accepting
them).

> This is fundamentally difference from logging onto
> someone else's machine and using it for your purposes with
> such an implicit contract.

But that's _exactly_ what I'm doing when I send a Web query to a machine!

> What's your point?

Sysadmins are supposed to be past the learning curve already.




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