I think that there are two issues here.
 
   First, if  I call up  someone and  have a "banned"  conversation with
them, or  if I give someone  an illegally copied piece  of software, the
phone company or the bus company are not responsible for what I did that
was illegal.  They provided the service that enabled me to do what I did
but they did not participate in the  crime as it was I who committed the
crime.  The  government should  come after  me, not  them.  Same  on the
internet.  The party that sells me service (or gasoline for my car) does
not help me in the crime.
 
   All they did was legal: they helped me get from A to Z.
 
   Second, spamming is a process that is unique to computers.  It is the
system that  enables spammers to operate  that is also used,  99% of the
time, for good communications.  The spammers are the ones that we should
go after, but:
 
   a)  You would be VERY hard pressed to prove actual damages;
 
   b)  You would have to make a strong case to say why spamming is or
       should be illegal.  Just to say that you don't like it or that
       it is off-topic on a list IS NOT enough!
 
   c)  You would have to show malicious intent AND/OR that the person
       KNEW BEFOREHAND that this would evoke a negative reaction.
 
   Also, please  keep in  mind that since  your provider  (commercial or
otherwise) gives you access to the net, that the person who sends it out
would be under  the jurisdiction of HIS OR HER  provider, and not yours.
It is  their agreement that would  be legally binding first.   You would
have to  prove that YOUR terms  were violated KNOWINGLY by  said person,
which  would be  next  to  impossible as  people  don't  sign a  million
agreements (one with each provider).
 
   Lastly, as  I see  it, all  our sites agree  to exchange  mail.  This
means, in effect,  that we will accept anything from  anyone in exchange
for the right to send out the same.
 
   If we start to get into what is  banned or not, we run the same risks
that we are now facing in the country: banning and censoring at will and
losing the freedom we cherish.  My  personal opinion is that this should
be one place that should not follow the national backward trend.
 
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**  Geert K. Marien : [log in to unmask]  (Bitnet: GKMQC@PUCC)  **
**   ListOwner: AIRLINE, NODEINFO, RAILROAD, STAMPS, The INDIA List   **
**    (All contents are my own opinions - unless otherwise stated)    **
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