Sorbs

[Robin Felix]

(All U.S. law-based thoughts)

Blacklisting is not extortion unless the state decides that a monetary 
fine constitutes criminal behavior under existing statues or a new law 
is passed against it.  There may be some constitutional basis for 
criminality if the blacklist names sites run by members of a "protected 
class," but that's probably stretching it.

The better question is whether the blacklister has civil liability to 
anyone in the email chain: mail user, mail server, intermediate carrier, 
mail recipient, or blaclistee, such that they could successfully win a 
lawsuit against the blacklister and collect damages against them.  So 
far, that's a "no."  To date, the legal consensus is that no mail server 
is forced to use a blacklist.  It's a voluntary action by those who run 
mail hosts, and while they _may_ have a duty to their mail users to 
provide reliable service, they have no duty to folks listed on the 
blacklist.  The blacklist, by its existence alone, causes no harm.

I suppose a libel theory might be grounds for a lawsuit by someone named 
on a blacklist.  If the blacklister explicitly states that an IP is 
blocked because they are guilty of some heinous behavior, the 
responsible party could conceivably sue to have the IP removed if the 
statement is not true.  The cost, of course, is far more than the 
"fine," so that's not really useful in practice.

Most blacklisters are reputable and provide a useful service.  If push 
came to shove in the court of public opinion, folks like SPAMHAUS, whom 
I use to screen incoming SMTP connections, would be perceived to be on 
the side of the angels (hopefully as would those participating in the 
TOR network).  Those blacklisters who are not as conscientious as 
SPAMHAUS will hopefully fall by the wayside because mail hosts will not 
use them.

Robin Felix
(these thoughts are worth exactly what you are paying for them)

Geoffrey Goodell wrote:

>Is this not extortion?
>
>Geoff
>
>On Sun, Jun 05, 2005 at 12:54:27PM +0300, maillist wrote:
>  
>
>> The 'fine' is US $50.00 and is designed to be small enough to so that the
>>
>>home user will think twice about getting listed a second time, and small
>>enough to be a 'right royal pain in the butt' to any large company. The idea
>>being, that whether you are a multi-national company or a single home user,
>>you will think twice about getting relisted for any reason.
>>*********************
>>
>>Markus
>>
>>    
>>