[lug] off topic, spam laws

[Peter Hutnick]

On Monday 11 February 2002 10:52 am, Jeffrey Siegal wrote:
> Peter Hutnick wrote:
> > I think that everything you said here is true.  But (like so many laws)
> > it doesn't make any sense.
> >
> > If I may draw a metaphor . . . Leaving your front door unlocked is
> > foolish, but should you have to show a bugler the door and ask him not to
> > return before it becomes a crime?
>
> A public mail server is not a private home.  If the computer system in
> question were not providing any services to the public, it would be
> different, and any access at all could be criminal.
>
> The situation with a public mail server is more like a store or other
> business, which is open to the public but can (in most cases), order
> someone off the premises and file criminal tresspass charges if they
> return.

. . .  and another thing :-P

The issue here is theft, not tresspass.  I don't have to ask someone to stop 
shoplifting before it becomes a crime.  Saying "His mailserver was publicly 
accessable and would relay, so I figured I could use it." is like saying 
"SoundTrack's doors were open and they didn't have that stereo bolted to the 
floor, so I figured I could take it home."  No defense.  No warning needed.

-Peter