Re: [dvd-discuss] EFF opposes blacklisting spammers

[Bryan Taylor <bryan_w_taylor(at)yahoo.com>]

--- lunatic@hatari.dhs.org wrote:

> The BGP uses routing protocols to route all traffic (not just mail) to a
> black 
> hole.  Moreover, it can be set up as a routing magnet, so that traffic which 
> would otherwise go through a different route (perhaps on a different ISP)
> gets attracted toward the black hole.  MAPS has a habit of sticking 
> whole blocks of IP addresses on this list.  This means that even if 
> neither the sender's ISP, nor the receiver's ISP participate in MAPS, 
> traffic can still get blocked.

At every "hop" a middle-man delivers packets to the receiver according to rules
that the middle-man and receiver should negotiate. When a rule to drop a packet
is not specifically tracable to recipient agreement, then the general agreement
to provide "internet access" should control and force the delivery. 

Similarly, any agreements with upstream providers regarding filtering rules
should also be clearly stated in the negotiations with the recipient since
these are also modifications to the contractual meaning of "internet access".

The upshot of my position is that the situtation you describe (where routers in
the middle of the hop chain choose to drop packets destined for unsuspecting
recipients) sounds like a case of breach of contract or of a deceptive trade
practice.


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