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Re: [LUG] Legal advice please...

 

(Apologies for the top post)

As I understand it, Neil knows the identity of the 'troll' - as does
the 'victim'. So I think this is quite a different situation.

Given that both addresses are provided by you, can't you simply block
email from troll to victim? That'd be quite a normal thing to do if
you were only providing email service to the victim.

Martijn

On 11/07/2012, paul sutton <zleap@xxxxxxxxx> wrote:
> 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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