[anti-abuse-wg] Legal concerns, was Manual vs automated reports

Hi,

> On Sun 29/Jul/2012 09:47:52 -0700 Tobias Knecht wrote:
>> That would mean that the a user has to click 50 times the spam
>> button, than 50 times "Yes I want to report this message!" and than
>> 50 times "I'm okay that this message will be sent to X!"
>
> And that, of course, does not leave you anything that a court would
> consider a proof that consent was granted.  For contractual issues, I
> see telcos hire call-center staff in order to ask for user's consent
> at the phone, taping a formal question-and-answer sequence that can be
> kept as a proof.

And now you have to answer only one question. Why should an ISP spend 
tenth of thousands of Euros to give data away for free to institutions 
that earn millions with it and not paying for it?

I think we all know that there are ways to do it, but the questions is 
more about how practical it is. And in this case it would even be enough 
to call everybody and ask for consensus. With every new FBL subscriber 
ISPs would have to call every customer and ask if the new subscriber is 
okay for them.

I'm always happy about new ideas, but on the other hand we are working 
on this issue with ISPs, ESPs, legal institutions and all other involved 
parties for more than 4 years now and we made good progress. But as it 
is typically in politics it's taking time.

> If laws can be interpreted, it is not acceptable that interpretations
> only favor spammers :-/

And that is not the case. As already mentioned US legal frameworks is 
fundamentally different from the European legal framework and in reality 
it is not as spammer friendly as the US system.

Thanks,

Tobias