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Re: [LUG] Legal advice please...

 


On 11/07/2012 08:33, Neil Stone wrote:
> On 10/07/2012 23:25, Simon Waters wrote:
>> On 10/07/12 21:57, Neil Stone wrote:
>>> Anyone on the list hot on the law regarding ISPs and people sending
>>> harassing email etc?

> 
> One user of my email server is sending harassing emails to another user
> of my server... It's tempting to tell the offender to cease and decist
> or risk having their email account killed but I wanted to see if there
> was a legal president on this that anyone might be aware of. I was using
> ISP in this particular case to refer to me as I am providing the email
> service.
> 

1. Not my area, but there are a couple of problems.
1.1 How do you know one customer is sending unwanted (however  awkward,
"harassment" is subjective opinion until proven) to another customer?
By complaint to you (OK provided allows you to read/intercept)
1.2 By your observation? Oh! This needs your terms of service to allow
scanning and reading of communications
1.3 If your terms of service 'forbid emails of nature XXX' and will
allow you to read and filter for them', you can take a number of actions:
1.3.1 You must log and record all messages between the folk and get
permission of the recipient to do so.
1.3.2 You could cut off the sender, but they will find another way
1.3.3 Confirm and suggest you give logs and written complaint from
recipient to police.
Request a word / letter/caution to be given.
1.4 If not acted upon then Police/ courts can act and forbid sender
access to any internet communication and prosecute but that i  usually
only where violence is threatened.

Lots of acts where 'nuisance' can be invoked.

-- 
Regards
Eion MacDonald



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