North American Network Operators Group

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Re: spam colusion

  • From: Derek J. Balling
  • Date: Sun Jan 09 00:15:25 2000

This is where it starts to get really entertaining.  Dean wants to go
after netgate, because he can't go after their customer.  The customer
is not doing anything illegal where the customer is.  Netgate is
required to comply with uS law in so far as they are a common carrier
which provides carriage to/from the united States.  Dean may actually
be able to cause them significant grief, unfortunately, but it is
extremely unlikely that he will be able to do anything to the people
he is actually trying to shut down.  Worse yet, depending on NZ law,
Dean my be able to demand under US law that netgate take action which
is illegal under NZ law against their customer who has an contract
in NZ and which has not violated NZ law.
Netgate may have an easy out (possibly, I haven't investigated) in that oftentimes companies will incorporate separately in many of the countries they do business in (I don't know WHY, although I suspect it makes bookkeeping significantly easier when it comes to tax law). If Netgate has done this, then Netgate (US) can point to Netgate (NZ) and say "That's their company, talk to them..." at which point Netgate/NZ tells the US to go pound sand.

I sympathize with netgate in this case.
Don't we all? :)