On Tue, 23 Sep 2003, Dr. Jeffrey Race wrote: > >No, it isn't. And it is an illegal method, because you (if you are an > >ISP), probably don't have permission to block non-spam mail. > > You may wish to take legal advice on this as you are incorrect in your > belief. It is a matter of contract between ISP and customer. I have taken legal advice on the issue, and have used it in conflicts involving lawyers on both sides successfully. Your assertion is incorrect. It is only partially a matter of contract. The contracts typically don't permit ISPs to block non-spam email. So, the blocking of non-spam email, unauthorized by contract, is illegal. Participation in illegal group boycotts cannot be avoided by contract since such contracts are illegal under the Sherman Anti-trust act. Further, torts of non-performance by the user, and interference with a contract by the entity blocked as also applicable. There are other possible complaints. The assertion by radicals that one who is not a party to a contract cannot bring a complaint is incorrect. > > Blocking communications without permission is a (US) federal felony, > > Perhaps if you are a common carrier, which ISPs are not The ECPA is not limited to common carriers. There are numerous legal cases that illustrate this point. This idea that only common carriers are subject to the ECPA is misinformation promulgated by certain radical antispammers, to entice unwary admins into breaking the law to participate in an illegal boycott. Frequently, the particular boycott desired has nothing whatsoever to do with spam, but is often personally motivated revenge by the anti-spammers aimed at companies the radicals perceive to be threatening, or simply unsympathetic to their extreme methods. --Dean