Re: [dvd-discuss] EFF opposes blacklisting spammers

[Michael.A.Rolenz(at)aero.org]

There are billions upon billions of internet transactions daily....that 
approach would add multitudes of complexity




Bryan Taylor <bryan_w_taylor@yahoo.com>
Sent by: owner-dvd-discuss@eon.law.harvard.edu
10/19/01 02:32 PM
Please respond to dvd-discuss

 
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        Subject:        Re: [dvd-discuss] EFF opposes blacklisting spammers



--- 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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