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Re: [LUG] Legal advice please...

 

On 11/07/12 08:57, Eion MacDonald wrote:
>
> 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.
>
i know this is off slightly, but wasn't there a recent case on with a
victim of a troll on facebook where they forced facebook to disclose the
information of the offender sending messages to facebook so action could
be taken against the offender.

I assume by this that action can be taken, if the law has been broken.

Paul

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