Re: [cobalt-users] suspended website/email forwarding

["Steve Werby" <steve-lists@xxxxxxxxxxxx>]

"Dan Kriwitsky" <list1@xxxxxxxxxxxxxxxxxxxx> wrote:
> As I said, if you do anything except bounce it, like allow the email to
> your server and basically hold it hostage, you could be sued.

Let's all keep in mind that you can be sued for *anything*.  Doesn't mean
you will lose and AFAIK the case Dan is referring to hasn't gone to court
yet.

> The case
> in the news involved an ISP that did that and someone missed a job
> offer.

It sounds like you are referring to the Nancy Carter case.
http://zdnet.com.com/2100-1106-963631.html  Note that she files in federal
court in Canada.

> If the email had bounced maybe the sender would have used some
> other method of contact.

There was a fairly long thread discussing this case on the isp-marketing
list.  The thread is "Is your e-mail really yours?".  See
http://isp-lists.isp-planet.com/isp-marketing/0210/index.html.  Some
interesting points were made and though IANAL, it seems prudent that
handling of email be explicitly stated in any TOS document concerning your
hosting services.  This is pretty OT so I'll keep this short, but there are
several solutions which are probably both legal and ethical - including
bouncing emails (don't say you're bouncing for non-payment though),
forwarding, and collecting the email but providing the client a way to
access it (POP, FTP download, archive and email to an alternate address).
In short, holding it hostage, deleting it and letting it fail silently are
probably not wise alternatives.  But YMMV, please come to your own
conclusion and though attorneys can be expensive, this is just the kind of
thing they're useful for.

--
Steve Werby
President, Befriend Internet Services LLC
http://www.befriend.com/