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[personal profile] giza
From http://www.techworld.com/security/news/index.cfm?NewsID=5116:

The offending paragraph in Qwest's Acceptable Use Policy threatens to levy a $5 charge for every spam sent from a PC if this results in damages being awarded against Qwest itself. This is regardless of whether the owner of the PC was aware that their PC was sending spam, as would be the unfortunate case if it had been hijacked by a Trojan to act as a spam relay.

The main provision of the agreement forbids the sending of unsolicited e-mail, as is normal in such ISP agreements. However, it goes an important step further in its wording.

"You will pay Qwest’s actual damages in any way arising from, or related to, any spam transmitted by, or in any way connected to, you, to the extent that such damages can be calculated," the document states.

"If actual damages cannot be calculated reasonably, you agree to pay Qwest liquidated damages of five US dollars ($5.00) for each piece of spam transmitted from or otherwise connected with your account."

Users are believed to have been notified of the agreement in recent weeks, though they would need to delve into the 14-page agreement carefully to notice the addition.

"Qwest uses its best discretion when determining how it will enforce the specific terms of the acceptable use policy. We evaluate each instance on a case-by-case basis when violations are discovered, said a spokesperson for Qwest.


I think this rocks. As a geek, I've been getting tired of seeing armies of zombies being used to send spam. I think that Microsoft is partly to blame, but that a good chunk of the blame also belongs to the users who own their machines and do not keep them properly updated or perform proper maintenance. People understand how cars are complex machines that require professional attention now and then, but they don't seem to understand that computers are the same way. Leave a computer running for long enough, and it will break in all sorts of interesting ways, some of which could result in it being 0wned and used to send spam.

Perhaps more ISPs will adpot policies like this to send the message to end users that yes, being negligent when it comes to computer maintenance is going to have consequences.

I'm interested to see if this will have an actual effect on the spam problem, though.

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giza: Giza White Mage (Default)
Douglas Muth

April 2012

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