[lug] off topic, spam laws
peter at fpcc.net
Mon Feb 11 11:31:41 MST 2002
On Monday 11 February 2002 10:52 am, Jeffrey Siegal wrote:
> Peter Hutnick wrote:
> > I think that everything you said here is true. But (like so many laws)
> > it doesn't make any sense.
> > If I may draw a metaphor . . . Leaving your front door unlocked is
> > foolish, but should you have to show a bugler the door and ask him not to
> > return before it becomes a crime?
> A public mail server is not a private home. If the computer system in
> question were not providing any services to the public, it would be
> different, and any access at all could be criminal.
> The situation with a public mail server is more like a store or other
> business, which is open to the public but can (in most cases), order
> someone off the premises and file criminal tresspass charges if they
. . . and another thing :-P
The issue here is theft, not tresspass. I don't have to ask someone to stop
shoplifting before it becomes a crime. Saying "His mailserver was publicly
accessable and would relay, so I figured I could use it." is like saying
"SoundTrack's doors were open and they didn't have that stereo bolted to the
floor, so I figured I could take it home." No defense. No warning needed.
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