Re: opt-out registry comments

andre <[email protected]>
Newsgroups gmane.org.operators.ioz
Organization andre
Message-ID <[email protected]>
Ant Brooks said on Tuesday, August 02, 2011 :
> On 2011/08/02 2:29 PM, andre wrote:
> > Convinced yet? :)
> 
> No, sorry. I'm not a lawyer, but the little bit of searching
> and research I've done leads me to believe that the usual
> legal meaning of "theft" does not match your description.
> 
> I agree with Graham that a "noisy neighbour" antisocial
> behaviour analogy is more solid basis for an argument that
> opt-in legislation is needed for spam.
> 
I only have third year commercial law and ianal but actually no. 

Because there is a direct financial loss due to the 
action of the spammer it is very far from just plain antisocial 
behaviour. Theft may be tricky as theft is a direct crime, but I think
it fits. Now fraud will definately fit as it is defined much wider.

You can check with that NPA person that you have mentioned to
confirm whether theft would fit but an alternate charge of fraud
will most certainly succeed...



_______________________________________________
IOZ mailing list
[email protected]
http://lists.internet.org.za/mailman/listinfo/ioz
lmpx.com only provides a reader for public news (NNTP) servers. It is not affiliated with the servers or forums shown here and is not responsible for the content of articles, which is written by their respective authors.