At 09:58 PM 1/12/2004, Dean Anderson wrote... >On Mon, 12 Jan 2004, Mike S wrote: >1) privacy - routing via my ISP's outbound SMTP gives them >> the right to intercept and read my email, according the ECPA; > >Err, Just the opposite is more freqently the case.The ECPA specifically prohibits the ISP from exceeding its limited authority. Cite, please. I've got one: "(2)(a)(i) It shall not be unlawful under this chapter for an ... agent of a provider of wire or electronic communication service, whose facilities are used in the transmission of a wire or electronic communication, to intercept, disclose, or use that communication in the normal course of his employment..." >2) control - sending from my own system allows me to control retry >> attempts and times, instead of being forced to wait 4 days for my ISP >> to bounce an undelivered back to me, assuming they don't just silently >> lose it. > >If your contract allows you to run your own system, then the ISP would not >be allowed to prevent you from doing that. This could be made into an >ECPA issue---some people think it is merely and only a contract >non-performance issue and said contract excludes liability for failure to >perform. Like the Sherman Anti-Trust Act, the ECPA is a criminal statute >with civil actions permitted, and carries its own civil and criminal >penalties. My ISP's support of the MAPS DUL, and the use of the MAPS system by others, is a violation of 18 U.S.C. 1030. Email me for details, but I've covered this on this list recently. >Of course, if your contract does not allow you to run your own system, >then you don't have a complaint about blacklists blocking it. There is nothing to prohibit direct routing of email.