From: Declan McCullagh <declan@pathfinder.com>
Date: Wed, 4 Jun 1997 14:43:54 -0700 (PDT)
To: cypherpunks@toad.com
Subject: Anonymity should be banned for speakers and vendors
Message-ID: <Pine.GSO.3.95.970604174023.29555R-100000@cp.pathfinder.com>
MIME-Version: 1.0
Content-Type: text/plain


[Ray, a recent DC law school grad and anti-spam activist, is a good guy
but is IMHO sadly mistaken here. Thought this might be interesting.
--Declan]

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Date: Wed, 4 Jun 97 17:25:36 -0400
From: Ray Everett-Church <ray@everett.org>
Sender: owner-fight-censorship@vorlon.mit.edu
To: sameer <sameer@c2.net>, tbetz@pobox.com
Cc: fight-censorship@vorlon.mit.edu
Subject: Re: Spam costs and questions

On 6/4/97 4:52 PM, sameer (sameer@c2.net) wrote:

>> If Wallace were up against criminal and civil penalties if he continued to 
>> hide his customers' real identities, he'd give them up in a hot second.  Of 
>> course, as soon as there was a chance of that happening, he'd get out of 
the 
>> business entirely. 
>
>	So how do criminal and civial penalties for not revealing a
>customer's name protect anonymity on the internet?
>	Anonymity on the internet must be preserved. If you could come
>up with a way to make spam illegal and preserve anonymity, I would be
>very glad. Until then, I will have to oppose making spam illegal.

As stated before, I have heard no convincing argument that it is in the 
consumers best interest to have an anonymous *vendor*. Sure it's vital 
that *consumers* be allowed to remain anonymous, but if you're selling a 
product or service, there's no legitimate reason why a business needs to 
remain anonymous given issues of warranties, product liability, sales 
taxes, etc.

And in the case above, since the remailer in question is simply acting as 
an agent for the business, there's no question of legitimate anonymity 
implicated. Indeed, perpetuating anonymity for the business often times 
facilitates activites that constitute a breach of contract and sometimes 
even fraud. The whole reason to use a pro-spam anon remailer is so that 
you can violate your ISP usage agreement without being traceable or 
accountable. And if you've entered into that contractual relationship 
with the ISP with the *intent* to breach that contract, it's fraud.

Anonymity for consumers, Yes!  Anonymity for vendors, NO!

-Ray
<everett@cauce.org>
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 Ray Everett-Church, Esq.  <ray@everett.org>    www.everett.org/~everett
 This mail isn't legal advice.   Opinion(RE-C) != Opinion(clients(RE-C)) 
 (C)1997 Ray Everett-Church ** Help outlaw "spam"=> http://www.cauce.org 
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